AN ACT relating to marriage and family
therapists; authorizing the board of examiners for marriage and family
therapists to order an examination to test the competence of a therapist;
authorizing inactive status of licenses; authorizing the board to waive the
requirement of continuing education; increasing certain fees for licensing; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 641A of NRS
is hereby amended by adding thereto the provisions set forth as sections 2, 3
and 4 of this act.

Sec. 2. 1. If the board or any investigative committee of
the board has reason to believe that the conduct of any marriage and family therapist
has raised a reasonable question as to his competence to practice therapy with
reasonable skill and safety, it may order the marriage and family therapist to
undergo:

(a) A mental or physical
examination administered by an appropriately licensed provider of health care;

(b) An examination
testing his competence to practice therapy; or

(c) Any other examination
designated by the board,

to assist the board or committee in
determining the fitness of the marriage and family therapist to practice therapy.

2. For the
purposes of this section:

(a) Every therapist who
applies for a license or who is licensed pursuant to this chapter is deemed to
have given his consent to submit to any examination ordered pursuant to
subsection 1 when ordered to do so in writing by the board.

(b) The testimony and
reports of the examining provider of health care are not privileged
communications.

3. Except in
extraordinary circumstances, as determined by the board, the failure of a
therapist licensed pursuant to this chapter to submit to an examination when
ordered to do so as provided in this section constitutes an admission of the
charges against him.

4. The board may
require the marriage and family therapist to pay the cost of the examination.

Sec. 3. 1. Upon written request to the board and payment
of the fee prescribed by the board, a licensee in good standing may have his
name and license transferred to an inactive list for a period not to exceed 3
continuous years. A licensee shall not practice marriage and family therapy
during the time his license is inactive. If an inactive licensee desires to
resume the practice of marriage and family therapy, the board must reactivate
the license upon the:

(a) Completion of an
application for reactivation;

(b) Payment of the fee
for renewal of the license; and

(c) Demonstration, if
deemed necessary by the board, that the licensee is then qualified and
competent to practice.

Except as otherwise provided in
subsection 2, the licensee is not required to pay the delinquency fee or the
renewal fee for any year while the license was inactive.

2. Any license
that remains inactive for a period which exceeds 3 continuous years is deemed:

(a) To effect a revocation
for the purposes of NRS 641A.270.

(b) To have lapsed at the
beginning of that period for the purposes of NRS 641A.280.

3. The board may
adopt such regulations as it deems necessary to carry out the provisions of
this section, including without limitation, regulations governing the renewal
of inactive licenses and any requirement of continuing education for inactive
licensees.

Sec. 4. The board may waive all or part of the requirement of
continuing education in a particular year if the marriage and family therapist
was prevented from fulfilling the requirement by circumstances beyond his
control.

Sec. 5. NRS 641A.080 is
hereby amended to read as follows:

641A.080 Practice of marriage and family
therapy means the application of established principles of learning,
motivation, perception, thinking, emotional, marital and sexual relationships
and adjustments by persons trained in psychology, social work, psychiatry or
marriage and family therapy. The application of such principles includes:

1. Therapy and counseling and the use of
psychotherapeutic measures with persons or groups with adjustment problems in
the areas of marriage, family or personal relationships.

2. Doing research on problems related to
marital relationships and human behavior.

3. Consultation with others doing
marriage and family therapy [.]if the consultation is determined by the board to include the
application of any of these principles.

Sec. 6. NRS 641A.290 is
hereby amended to read as follows:

641A.290 The board shall charge and
collect not more than the following fees, respectively:

For application for a license................................................................. [$25]$75

For examination of an applicant for
a license..................................... [100]200

For issuance of a license....................................................................... 50

[For
issuance of a license by reciprocity............................................ 100]

For annual renewal of a license............................................................ [100]150

For reinstatement
of a license revoked for nonpayment of the fee for renewal ............................................................................................................ 100

For an
inactive license......................................................................... 150

________

κ1989
Statutes of Nevada, Page 1203κ

CHAPTER 566, AB 617

Assembly Bill No.
617Assemblyman Gaston (by request)

CHAPTER 566

AN ACT relating to marriage and family
therapy; requiring the board of examiners for marriage and family therapists to
accept a passing grade on a national examination by an applicant for licensure
in lieu of the boards written examination; repealing the provision authorizing
the licensing of a marriage and family therapist without an examination; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 641A.230 is
hereby amended to read as follows:

641A.230 [Each]

1. Except as
otherwise provided in subsection 2, each qualified applicant for a
license must be given a written examination by the board on his knowledge of
marriage and family therapy. [In addition, the
board may require an oral examination.] Examinations must be
given at a time and place and under such supervision as the board may
determine. A grade of 75 percent is a passing grade.

2. The board shall
accept receipt of a passing grade by a qualified applicant on the national
examination sponsored by the American Association for Marriage and Family
Therapy in lieu of requiring a written examination pursuant to subsection 1.

3. In addition to
the requirements of subsections 1 and 2, the board may require an oral
examination. The board may examine in whatever applied or theoretical
fields it deems appropriate.

Sec. 2. NRS 641A.240 is
hereby repealed.

________

CHAPTER 567, AB 594

Assembly Bill No.
594Committee on Judiciary

CHAPTER 567

AN ACT relating to crimes against
property; adopting a comprehensive theft statute; providing a penalty; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 205 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
16, inclusive, of this act.

Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 to
12, inclusive, of this act, have the meanings ascribed to them in those
sections.

Sec. 3. Check means any check, draft or other negotiable instrument
of any kind.

Sec. 4. Control means to act so as to prevent a person from using
his own property except on the actors terms.

Sec. 5. Deprive means to withhold a property interest of another
person permanently or for so long a time that a substantial portion of its
value, usefulness or enjoyment is lost, or to withhold it with the intent to
restore it only upon the payment of a reward or other compensation, or to
transfer or dispose of it so that it is unlikely to be recovered.

Sec. 7. Issue means to deliver or cause to be delivered a check to a
person who by that delivery acquires a right against the drawer of the check. A
person who draws a check with intent that it be so delivered shall be deemed to
have issued it if the delivery occurs.

Sec. 8. Obtain means to bring about or receive the transfer of any
interest in property, or to secure performance of a service.

Sec. 9. Property of another person means property in which any
person other than the defendant has an interest which the defendant is not
privileged to infringe, including property in which the defendant also has an
interest, notwithstanding that the other person might be precluded from civil
recovery because the property was used in an unlawful transaction or was
subject to forfeiture as contraband. Property in the possession of the
defendant in which another person has only a security interest shall be deemed
not to be the property of that other person, even if that person holds legal
title to the property pursuant to a security agreement.

Sec. 10. Services includes labor, professional services,
transportation, cable television, telephone, gas or electricity services, accommodations
in hotels, restaurants, leased premises or elsewhere, admissions to exhibitions
and the use of vehicles or other movable property.

Sec. 11. Transfer means to change the possession or control of
property.

Sec. 12. Value means the fair market value of the property or
services at the time of the theft. The value of a written instrument which does
not have a readily ascertainable market value is the greater of the face amount
of the instrument less the portion satisfied or the amount of economic loss to
the owner of the instrument resulting from the deprivation of the instrument.
The trier of fact shall determine the value of all other property whose value
is not readily ascertainable, and may, in making that determination, consider
all relevant evidence, including evidence of the value of the property to its
owner.

1. Controls any
property of another person with the intent to deprive that person of the
property;

2. Converts, makes
an unauthorized transfer of an interest in, or without authorization controls
any property of another person, or uses the services or property of another
person entrusted to him or placed in his possession for a limited, authorized period
of determined or prescribed duration or for a limited use;

3. Obtains real or
personal property or the services of another person by a material
misrepresentation with intent to deprive that person of the property or
services. As used in this subsection, material misrepresentation means the
use of any pretense, or the making of any promise, representation or statement
of present, past or future fact which is fraudulent and which, when used or
made, is instrumental in causing the wrongful control or transfer of property
or services. The pretense may be verbal or it may be a physical act;

4. Comes into
control of lost, mislaid or misdelivered property of another person under
circumstances providing means of inquiry as to the true owner and appropriates
that property to his own use or that of another person without reasonable
efforts to notify the true owner;

5. Controls
property of another person knowing or having reason to know that the property
was stolen;

6. Obtains
services which he knows are available only for compensation without paying or
agreeing to pay compensation or diverts the services of another person to his
own benefit or that of another person without lawful authority to do so;

7. Takes,
destroys, conceals or disposes of property in which another person has a
security interest, with intent to defraud that person;

8. Commits any act
that is declared to be theft by a specific statute; or

9. Draws or passes
a check, and in exchange obtains property or services, if he knows that the
check will not be paid when presented.

Sec. 14. 1. Conduct denominated theft in sections 2 to 16,
inclusive, of this act, constitutes a single offense embracing the separate
offenses commonly known as larceny, receiving or possessing stolen property,
embezzlement, obtaining property by false pretenses, issuing a check without
sufficient money or credit, and other similar offenses.

2. A criminal
charge of theft may be supported by evidence that an act was committed in any
manner that constitutes theft pursuant to sections 2 to 16, inclusive, of this
act, notwithstanding the specification of a different manner in the indictment
or information, subject to the power of the court to ensure a fair trial by
granting a continuance or other appropriate relief if it determines that, in a
specific case, strict application of the provisions of this subsection would
result in prejudice to the defense by lack of fair notice or by surprise.

Sec. 15. The amount involved in a theft shall be deemed to be the
highest value, by any reasonable standard, of the property or services which
are obtained. Amounts involved in thefts committed pursuant to a scheme or
continuing course of conduct, whether from one or more persons, may be
aggregated in determining the grade of the offense.

Sec. 16. Unless a greater penalty is imposed by a specific statute, for
the violation of any provision of sections 2 to 16, inclusive, of this act, if
the value of the property or services obtained was:

1. Greater than or
equal to $250, the person who committed the theft is guilty of a felony and
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 10 years, or by a fine of not more than $10,000, or by both fine
and imprisonment.

2. Less than $250,
the person who committed the theft shall be punished by imprisonment in the
county jail for not more than 6 months, or by a fine of not more than $1,000,
or by both fine and imprisonment.

Sec. 2. 1. A
district attorney may create within his office a program for restitution for
persons referred to the district attorney by a law enforcement officer who has
probable cause to believe the person violated subsection
9 of section 13 of this act, or NRS 205.130 or 205.380. The program may
be conducted by the district attorney in conjunction with the county sheriff,
police department or any other law enforcement agency in whose jurisdiction a
violation of subsection 9 of section 13 of this act, or
NRS 205.130 or 205.380 has occurred, or by a private entity under contract with
the district attorney.

2. The district
attorney may adopt standards for the law enforcement agency which indicate the
minimum requirements of investigation by the agency for its referral of a
person to the district attorney for acceptance in the program.

3. If such a
person is referred to the district attorney, the district attorney shall
determine if the person is appropriate for acceptance in the program. The
district attorney may consider:

(a) The amount of the
check or draft drawn or passed without sufficient money or credit to pay it in
full;

(b) The prior criminal
record of the person;

(c) Prior referrals of
the person to the program;

(d) The number of
times the person has violated subsection 9 of section 13
of this act, or NRS 205.130 or 205.380;

(e) Whether other
allegations of drawing or passing checks or drafts without sufficient money or
credit to pay them in full are pending against the person; and

(f) The strength of
the evidence, if any, of the persons intent to defraud the alleged victim.

4. Except as
otherwise provided in section 5 of [this act,]Senate Bill No. 270 of this session, this section
does not limit the authority of the district attorney to prosecute violations
of subsection 9 of section 13 of this act, or NRS
205.130 or 205.380.

Sec. 18. Section 17 of this
act becomes effective at 12:01 a.m. on October 1, 1989.

________

κ1989
Statutes of Nevada, Page 1207κ

CHAPTER 568, AB 592

Assembly Bill No.
592Committee on Judiciary

CHAPTER 568

AN ACT relating to burglary; expanding the
crime to include entry with the intent to commit assault or battery; increasing
the punishment of a person convicted of burglary who possesses a deadly weapon
during the commission of the crime; providing a penalty; and providing other
matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 205.060 is
hereby amended to read as follows:

205.060 1. Every person who,
[either] by day or night, enters
any house, room, apartment, tenement, shop, warehouse, store, mill, barn,
stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer,
semitrailer or house trailer, airplane, glider, boat or railroad car, with
intent to commit grand or petit larceny, assault or
battery on any person or any felony, is guilty of burglary.

2. [Any]Except as otherwise provided in this section, any
person convicted of burglary shall be punished by imprisonment in the state
prison for not less than 1 year nor more than 10 years, and may be further
punished by a fine of not more than $10,000. No person who is convicted of
burglary and who has previously been convicted of burglary or another crime involving the forcible entry or invasion of a
dwelling may be released on probation or granted a suspension of his
sentence.

3. Whenever a burglary is committed [upon a railroad train, vehicle, vehicle trailer,
semitrailer or house trailer, airplane, glider or boat,]on a vessel, vehicle, vehicle trailer, semitrailer, house
trailer, airplane, glider, boat or railroad car, in motion or in rest,
in this state, and it cannot with reasonable certainty be ascertained in what
county the crime was committed, the offender may be arrested and tried in any
county through which the [railroad train,
vehicle, vehicle trailer, semitrailer or house trailer, airplane, glider or
boat may have run on the trip during which] vessel, vehicle, vehicle trailer, semitrailer, house trailer,
airplane, glider, boat or railroad car traveled during the time the
burglary [is]was committed.

4. A person
convicted of burglary who has in his possession or gains possession of any
firearm or deadly weapon at any time during the commission of the crime, at any
time before leaving the structure or upon leaving the structure, shall be
punished by imprisonment in the state prison for not less than 2 years nor more
than 10 years, and may be further punished by a fine of not more than $10,000.

Sec. 2. NRS 205.065 is
hereby amended to read as follows:

205.065 Every person who unlawfully
breaks and enters or unlawfully enters any house, room, apartment, tenement,
shop, warehouse, store, mill, barn, stable, outhouse or other building, tent,
vessel, vehicle, vehicle trailer, semitrailer or house trailer, airplane,
glider, boat or railroad car may reasonably be inferred to have broken and
entered or entered it with intent to commit grand or petit larceny , assault or battery on any person or a felony therein,
unless [such]the unlawful breaking and entering or unlawful entry is
explained by evidence satisfactory to the jury to have
been made without criminal intent.

676.250 1. Licensees are
allowed such fees as are clearly stated in the contract.

2. Such fees may include:

(a) An initial retainer fee of $50, which need
not be amortized.

(b) A service fee, which must be amortized
equally, each month, over the length of the contract, but no more than one
monthly amortization may be applied to the debtors account as charges for any
particular month, unless prepayment is being made.

(c) A fee of [$1.50]$3 per check issued in payment of all nonterminal
indebtedness.

3. The total amount of fees received by a
licensee under any particular contract, exclusive of the retainer fee, may not
exceed 15 percent of the listed terminal indebtedness. Terminal indebtedness
does not mean indebtedness on a residence or other expenses normally incurred
in maintaining a residence.

4. If the debtor chooses at any time to
satisfy the total indebtedness listed in the contract before the expiration of
the contract, the licensee may charge and is limited to a fee of not more than
7 percent of the then remaining balance of indebtedness listed in the contract.

5. No fee other than the initial retainer
fee may be charged until the licensee has secured the consent of creditors:

(a) Constituting more than 50 percent of the
total number of creditors enumerated in the contract; and

(b) Holding more than 50 percent of the total
amount of indebtedness listed in the contract.

The acceptance by a creditor of three
consecutive payments made by the licensee in accordance with the terms of the
contract constitutes the consent of that creditor, if notice is included with
each such payment that acceptance of three
consecutive payments constitutes consent for the purposes of this subsection.

AN ACT relating to drivers licenses;
requiring the department of motor vehicles and public safety to provide
specially designed licenses to epileptics and insulin dependent diabetics;
requiring the department to provide education to peace officers on matters
relating to diabetes and epilepsy; and providing other matters properly
relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 483 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The department
shall issue a drivers license with a specially colored background in the
photograph portion to any person who qualifies for a drivers license pursuant
to the provisions of this chapter and delivers to the department a signed
statement from a physician that the person is an insulin dependent diabetic or an
epileptic. The department shall designate one color to be used only for
drivers licenses held by diabetics and another color to be used only for
drivers licenses held by epileptics.

2. The department
shall provide for the education of peace officers on the:

(a) Effects and treatment
of a person suffering from insulin shock or an epileptic seizure and the
similarity in appearance of a person suffering from insulin shock or an
epileptic seizure to a person under the influence of alcohol or a controlled
substance; and

(b) Procedures for
identifying and handling situations involving a person suffering from insulin
shock or an epileptic seizure.

________

κ1989
Statutes of Nevada, Page 1210κ

CHAPTER 571, AB 492

Assembly Bill No.
492Committee on Government Affairs

CHAPTER 571

AN ACT relating to investigators;
requiring licensees of the private investigators licensing board to obtain a
work card issued by the local sheriff; prohibiting in certain counties
employment as a security guard unless the person has been issued a work card by
the sheriff; providing a penalty; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 648 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. Security guard means a person employed as a watchman, guard,
security consultant, patrolman or in any other similar position.

Sec. 3. 1. Except as otherwise provided in subsection 2,
it is unlawful for a person to:

(a) Allow an employee,
including an independent contractor, to perform any work as a security guard
unless the employee holds a work card authorizing his work as a security guard
issued in accordance with applicable ordinances by the sheriff of the county in
which the work is performed.

(b) Work as a security
guard unless he holds a work card authorizing his work as a security guard
issued in accordance with applicable ordinances by the sheriff of the county in
which the work is performed.

2. The provisions
of this section do not apply in any county whose population is less than
100,000, but this section does not prohibit a board of county commissioners
from adopting similar restrictions by ordinance.

3. The sheriff of
any county in which such restrictions apply may submit the fingerprints of any
person applying for such a work card to the central repository for Nevada
records of criminal history and to the Federal Bureau of Investigation to
determine the applicants criminal history.

Sec. 4. NRS 648.005 is
hereby amended to read as follows:

648.005 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 648.006 to
648.015, inclusive, and section 2 of this act,
have the meanings ascribed to them in those sections.

Sec. 5. NRS 648.060 is
hereby amended to read as follows:

648.060 No person [,
unless he is licensed under this chapter,] may:

1. Engage in the business of private
investigator, private patrolman, process server, repossessor, dog handler,
consultant or polygraphic examiner or intern; or

2. Advertise his business as such,
irrespective of the name of title actually used [.],

unless he is licensed pursuant to
this chapter and holds a work card issued by the sheriff of the county in which
the work is performed authorizing him to engage in his business.

Sec. 6. NRS 648.200 is
hereby amended to read as follows:

648.200 It [shall
be]is unlawful for any licensee or
any employee, security guard, officer or member
of any licensee:

1. To divulge to anyone ,[(]
except as he may be so required by law to do ,[)] any information acquired by him
except at the direction of the employer or client for whom the information was
obtained.

2. To make a false report to his employer
or client.

Sec. 7. NRS 648.210 is
hereby amended to read as follows:

648.210 A person who violates any of the
provisions of NRS 648.060 to 648.200, inclusive [:], and section 2 of this act:

1. For the first violation is guilty of a
misdemeanor.

2. For the second and subsequent
violations, is guilty of a gross misdemeanor.

Sec. 8. This act becomes
effective on January 1, 1990.

________

CHAPTER 572, AB 489

Assembly Bill No.
489Assemblyman Arberry

CHAPTER 572

AN ACT relating to low-income housing;
establishing a trust fund for low-income housing; authorizing the housing
division of the department of commerce to administer the fund; providing for
the use of money in the fund; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Sections 1-8. (Deleted by
amendment.)

Sec. 9. Chapter 319 of NRS
is hereby amended by adding thereto the provisions set forth as sections 10, 11
and 12 of this act.

Sec. 10. 1. There is hereby created in the state treasury
the trust fund for low-income housing, to be administered by the division. All
money that is collected for the use of the fund from any source, including
pursuant to a specific statute, tax, legislative appropriation, gift or grant,
or from interest earned on specified public or private accounts, must be
deposited in the fund.

2. The money in
the fund must be invested as provided in chapters 355 and 356 of NRS. The
interest and income earned on the money in the fund, after deducting any
applicable charges, must be credited to the fund. All claims against the fund
must be paid as other claims against the state are paid.

Sec. 11. 1. Money deposited in the trust fund for
low-income housing must be used:

(a) For the acquisition,
construction or rehabilitation of housing for eligible families by public or
private nonprofit charitable organizations, housing authorities or local
governments through loans, grants or subsidies;

(b) To provide technical
and financial assistance to public or private nonprofit charitable
organizations, housing authorities and local governments for the acquisition,
construction or rehabilitation of housing for eligible families;

(c) To provide funding
for projects of public or private nonprofit charitable organizations, housing
authorities or local governments that provide assistance to or guarantee the
payment of rent or deposits as security for rent for eligible families,
including homeless persons;

(d) To reimburse the
division for the costs of administering the fund; and

(e) In any other manner
consistent with this section to assist eligible families in obtaining or
keeping housing.

2. The division
shall not use more than $40,000 per year of the amount annually allocated from
the fund as reimbursement for the cost of administering the fund. Of the
remaining money allocated from the fund:

(a) Except as otherwise
provided in subsection 3, 15 percent must be distributed to the welfare
division of the department of human resources for use in its program developed
pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy
families with children, subject to the following:

(1) The welfare
division shall adopt regulations governing the use of the money that are
consistent with the provisions of this section.

(2) The money must
be used solely for activities relating to low-income housing that are
consistent with the provisions of this section.

(3) The money must
be made available to families that have children and whose income is at or
below the federally designated level signifying poverty.

(4) All money
provided by the Federal Government to match the money distributed to the
welfare division pursuant to this section must be expended for activities consistent
with the provisions of this section.

(b) Eighty-five percent
must be distributed to public or private nonprofit charitable organizations,
housing authorities and local governments for the acquisition, construction and
rehabilitation of housing for eligible families, subject to the following:

(1) Priority must
be given to those projects that qualify for the federal tax credit relating to
low-income housing.

(2) Priority must
be given to those projects that anticipate receiving federal money to match the
state money distributed to them.

(3) Priority must
be given to those projects that have the commitment of a local government to
provide assistance to them.

(4) All money must
be used to benefit families whose income does not exceed 60 percent of the
median income for families residing in the same county, as defined by the
United States Department of Housing and Urban Development.

(5) Not less than
15 percent of the units acquired, constructed or rehabilitated must be
affordable to persons whose income is at or below the federally designated
level signifying poverty. For the purposes of this subparagraph, a unit is
affordable if a family does not have to pay more than 30 percent of its gross
income for housing costs, including both utility and mortgage or rental costs.

(6) To be eligible
to receive money pursuant to this paragraph, a project must be sponsored by a
local government.

3. The division
may, pursuant to contract and in lieu of distributing money to the welfare
division pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit
entities for use consistent with the provisions of this section.

any amount of that money to private
or public nonprofit entities for use consistent with the provisions of this
section.

Sec. 12. 1. The administrator shall consult with
representatives of housing authorities, organizations of persons with low
income, providers of housing, financial institutions and other persons
interested in the provisions of low-income housing, and adopt regulations
establishing:

(a) Criteria for the
distribution and use of money from the trust fund for low-income housing; and

(b) Procedures for the
division and the local governments that receive money pursuant to section 11 of
this act to monitor the use of money from the fund and to enforce the
provisions of this section and sections 10 and 11 of this act.

The regulations must be designed to
maximize the efficient use of money in the fund, and to promote the
participation and assistance of local governments.

2. A recipient of
money from the fund shall comply with the regulations of the administrator and
provide such reports to the division and the local governments that receive
money pursuant to section 11 of this act upon the use of the money as the
administrator requires.

Sec. 13. NRS 319.020 is
hereby amended to read as follows:

319.020 The legislature finds and
declares that:

1. There exists a serious shortage of
decent, safe and sanitary housing in this state available to persons and
families of low and moderate income and that many other persons and families
are unable to secure or afford, without assistance, decent, safe and sanitary
housing.

2. This condition is conducive to
disease, crime, environmental decline and poverty, impairs the economic value
of large areas, which are characterized by depreciated value, impaired
investments, reduced capacity to pay taxes, and lack of new development to meet
the needs of area residents, and is a menace to the health, safety, morals and
welfare of the residents of this state.

3. This condition results in a loss of
population and further deterioration accompanied by added costs to communities
for creation of new public facilities and services elsewhere.

4. It is difficult and uneconomic for
individual owners independently to remedy this condition.

5. One major cause of this condition has
been recurrent shortages of money from private sources, and such shortages have
contributed to reductions in construction of new residential housing and have
made the sale and purchase of existing residential housing a virtual
impossibility in certain parts of the state. Other
causes of this condition include increases in rental values and decreases in
the availability of federal funding for housing.

6. The ordinary operations of private
enterprise have not in the past corrected these conditions.

7. The reduction in housing construction
has caused substantial unemployment and underemployment in the construction
industry which , together with the shortage of
affordable housing, results in hardships, wastes human resources,
increases the public assistance burdens of the state, impairs the security of
family life, impedes the economic and physical development of the state and adversely affects the welfare, health and
prosperity of all the people of this state.

the state and adversely affects the welfare, health and
prosperity of all the people of this state.

8. A stable supply of adequate money for
the financing and provision of other assistance to obtain housing is required to
encourage new housing in an orderly and sustained manner , to increase the availability of affordable housing,
and thereby to reduce these detrimental results.

9. It is necessary to create a housing
division in the department of commerce to encourage the investment of private
capital and stimulate the financing of housing through the use of public
financing to provide mortgage loans and to make loans to and purchase mortgage
loans from mortgage lenders, and to perform any other function authorized by
this chapter.

10. It is appropriate for the housing
division to issue obligations regardless of their characterization for the
purposes of federal income taxation by the United States Department of the
Treasury.

11. All of the purposes set forth in this
chapter are public purposes and uses for which public money may be borrowed,
expended, advanced, loaned or granted.

This chapter must be liberally construed to accomplish the
public purposes and alleviate the detrimental conditions set forth in this
section.

Sec. 14. NRS 319.060 is
hereby amended to read as follows:

319.060 Eligible family means a person
or family, selected without regard to race, creed, national origin or sex,
determined by the division to require such assistance as is made available by
this chapter on account of insufficient personal or family income after taking
into consideration, without limitation, such factors as:

1. The amount of the total income of that
person or family available for housing needs;

2. The size of the family;

3. The cost and condition of housing
facilities available;

4. The ability of the person or family to
compete successfully in the normal private housing market and to pay the
amounts at which private enterprise is providing decent, safe and sanitary
housing;

5. If appropriate, standards established
for various federal programs determining eligibility based on income of those
persons and families; and

6. Service in the Armed Forces of the
United States with a minimum of 90 days on active duty at some time between:

(a) April 21, 1898, and June 15, 1903;

(b) April 6, 1917, and November 11, 1918;

(c) December 7, 1941, and December 31, 1946;

(d) June 25, 1950, and January 31, 1955; or

(e) January 1, 1961, and May 7, 1975,

and at least 2 years continuous residence in Nevada
immediately preceding any application for [a loan]assistance under this chapter.

Sec. 15. NRS 319.170 is
hereby amended to read as follows:

319.170 [The]Except as otherwise provided in section 10 of this act,
the division may:

1. Establish such funds or accounts as
may be necessary or desirable for furtherance of the purposes of this chapter.

2. Invest or deposit its [moneys,]money,
subject to any agreement with bondholders or noteholders, and is not required
to keep any of its [moneys]money in the state treasury. The provisions of chapters
355 and 356 of NRS do not apply to such investments or deposits.

Sec. 16. NRS 319.171 is
hereby amended to read as follows:

319.171 [The]Except as otherwise provided in section 10 of this act,
the division may invest its money in collateralized mortgage obligations
or in trusts created to finance, acquire or invest in collateralized mortgage
obligations if the collateralized mortgage obligations or trusts so created
are:

1. In furtherance of the purposes of the
division; and

2. Rated within one of the top three
rating categories of a national rating service at the time the investment is
made.

Sec. 17. NRS 319.400 is
hereby amended to read as follows:

319.400 Any person who knowingly makes or
causes to be made, either directly or indirectly, or through any agency
whatsoever, any false statement in writing concerning [a
loan]an applicants income,
employment, financial position, the size of his family, his intent to occupy [the mortgaged] premises as his primary
residence or the cost of the [mortgaged]
residence, with intent that the statement be relied upon for the purpose of
obtaining [a loan]financial assistance from the division is guilty of a
gross misdemeanor.

Sec. 18. NRS 319.010 is
hereby repealed.

________

CHAPTER 573, AB 417

Assembly Bill No.
417Assemblymen Dini, Myrna Williams and Bergevin

CHAPTER 573

AN ACT relating to travel expenses;
revising the provisions governing the reimbursement of legislators for travel
expenses; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 218 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in NRS 218.220, each senator and assemblyman is entitled to
receive an allowance for travel in the transaction of legislative business
authorized by specific statute or the legislative commission, whether within or
outside of the municipality or other area in which his principal office is
located. Transportation must be by the most economical means, considering total
cost, time spent in transit and the availability of state-owned automobiles.
The allowance for travel by private conveyance is equal to the standard mileage
reimbursement rate for which a deduction is allowed for the purposes of federal
income tax.

2. Claims for
expenses made pursuant to this section must be made as other claims are made
against the state, and must be paid from the legislative fund unless otherwise
provided by specific statute.

Sec. 2. NRS 218.220 is
hereby amended to read as follows:

218.220 1. The per diem
expense allowance and the travel and telephone expenses of senators and
assemblymen elected or appointed and in attendance at any session or presession
orientation conference of the legislature must be allowed in the manner set
forth in this section.

2. For initial travel from his home to
Carson City, Nevada, to attend a session or presession orientation conference
of the legislature, and for return travel from Carson City, Nevada, to his home
upon adjournment sine die of a session or termination of a presession
orientation conference of the legislature, each senator and assemblyman is
entitled to receive:

(a) A per diem expense allowance not to exceed
the greater of:

(1) The rate of $44; or

(2) The maximum rate established by the
Federal Government for the locality in which the travel is performed,

for one days travel to and one days travel from the
session or conference.

(b) Travel expenses computed at [the rate of 27 cents per mile traveled.]a rate equal to the standard mileage reimbursement rate
for which a deduction is allowed for the purposes of federal income tax.

3. In addition to the per diem and travel
expenses authorized by subsection 2, each senator and assemblyman is entitled
to receive a supplemental allowance which must not exceed:

(a) A total of $6,800 during each regular
session of the legislature for:

(1) His actual expenses in moving, to and
from Carson City for the session; and

(2) Travel to and from his home or
temporary residence or for traveling to and from legislative committee and
subcommittee meetings or hearings or for individual travel within the state
which relates to legislative business, computed at [the
rate of 27 cents per mile;]a rate equal
to the standard mileage reimbursement rate for which a deduction is allowed for
the purposes of federal income tax; and

(b) A total of $1,000 during each special
session of the legislature for travel to and from his home or temporary
residence or for traveling to and from legislative committee and subcommittee
meetings or hearings or for individual travel within the state which relates to
legislative business, computed at [the rate of 27
cents per mile.]a rate equal to the standard
mileage reimbursement rate for which a deduction is allowed for the purposes of
federal income tax.

4. Each senator and assemblyman is
entitled to receive a per diem expense allowance not to exceed the greater of:

(a) The rate of $44; or

(b) The maximum rate established by the Federal
Government for the locality in which the travel is performed,

for each day that the legislature is in session or in a
presession orientation conference and for each day that he attends a meeting of
a standing committee of which he is a member when the legislature has adjourned
for more than 4 days.

5. Each senator and assemblyman who
maintains temporary quarters in or near Carson City for which he has entered
into a lease or other agreement for continuous occupancy for the duration of a
legislative session is entitled to receive a lodging allowance equal to that
portion of the expense allowance which the legislative commission designates by
rule as being allocated to lodging, for not more than 14 days in each period in
which:

(a) The legislature has adjourned until a time
certain; and

(b) The senator or assemblyman is not entitled
to a per diem expense allowance pursuant to subsection 4.

6. Each senator and assemblyman is
entitled to receive a telephone allowance of not more than $2,800 for the
payment of tolls and charges incurred by him in the performance of official
business during each regular session of the legislature and not more than $300
during each special session of the legislature.

7. An employee of the legislature
assigned to serve a standing committee is entitled to receive the travel
expenses and per diem expense allowance provided by law for state employees
generally if he is required to attend a hearing of the committee outside Carson
City.

8. Claims for expenses made under the
provisions of this section must be made as other claims are made against the
state, and must be paid from the legislative fund. Claims for per diem expense
allowances authorized by subsection 4 and lodging allowances authorized by
subsection 5 must be paid once each week during a legislative session and upon
completion of a presession orientation conference.

Sec. 3. NRS 218.5365 is
hereby amended to read as follows:

218.5365 1. The members of
the committee shall meet throughout each year at the times and places specified
by a call of the chairman or a majority of the committee. The research director
of the legislative counsel bureau or a person he has designated shall act as
the nonvoting recording secretary. The committee shall prescribe regulations
for its own management and government. Four members of the committee constitute
a quorum, and a quorum may exercise all the power and authority conferred on
the committee.

2. The members of the committee who are
state legislators are entitled to receive a salary of $80 and the subsistence
allowances [and travel expenses]
provided for state officers and employees generally and
the travel expenses provided pursuant to section 1 of this act for each
day of attendance at a meeting of the committee and while engaged in the
business of the committee. Per diem allowances, salary and travel expenses of
the legislative members of the committee must be paid from the legislative
fund.

3. The member of the committee who
represents a local political subdivision is entitled to receive the subsistence
allowances and travel expenses provided by law for his position for each day of
attendance at a meeting of the committee and while engaged in the business of
the committee, to be paid by his local political subdivision.

Sec. 4. NRS 218.680 is
hereby amended to read as follows:

218.680 1. Except during a
regular or special session of the legislature, for each days or portion of a
days attendance at each meeting of the commission or its audit subcommittee,
if a member of the subcommittee, or if engaged in the official business of the
legislative counsel bureau, the members of the
legislative commission are entitled to receive the compensation provided for a
majority of the members of the legislature during the first 60 days of the
preceding session, and the per diem allowance [and travel expenses] provided
for state officers and employees generally [.]

of the legislative commission are entitled to receive the
compensation provided for a majority of the members of the legislature during
the first 60 days of the preceding session, and the per diem allowance [and travel expenses] provided for state
officers and employees generally [.]and the travel expenses provided pursuant to section 1
of this act.

2. An alternative member of the
legislative commission who replaces a regular member at a meeting of the
commission or on official business of the legislative counsel bureau is
entitled to receive the same salary and expenses as a regular member for the
same service. An alternate member who attends a meeting of the commission but
does not replace a regular member is entitled to the travel expenses provided [for state officers and employees generally.]pursuant to section 1 of this act.

Sec. 5. NRS 218.682 is
hereby amended to read as follows:

218.682 The legislative commission may:

1. Carry forward the participation of the
State of Nevada as a member of the Council of State Governments and the
National Conference of State Legislatures, and may pay annual dues to [such]those
organizations out of the legislative fund. The legislative commission is
designated as Nevadas commission on interstate cooperation.

2. Encourage and assist the government of
this state to develop and maintain friendly contact by correspondence, by
conference, and otherwise, with the other states, with the Federal Government [,] and with local units of government.

3. Establish such delegations and
committees as official agencies of the legislative counsel bureau as may be
deemed advisable to confer with similar delegations and committees from other
states concerning problems of mutual interest. The membership of [such]those
delegations and committees must be designated by the legislative commission and
may consist of legislators and employees of the state other than members of the
commission. Members of [such]those delegations and committees shall serve without
salary, but they are entitled to receive out of the legislative fund the per
diem expense allowance [and travel expenses]
provided for state officers and employees generally [.]and the travel expenses provided pursuant to section 1
of this act.

4. Endeavor to advance cooperation
between this state and other units of government whenever it seems advisable to
do so by formulating proposals for interstate compacts and reciprocal or
uniform legislation, and by facilitating the adoption of uniform or reciprocal
administrative rules and regulations, informal cooperation of governmental
offices, personal cooperation among governmental officials and employees,
interchange and clearance of research and information [,]
and any other suitable process.

5. Establish such subcommittees and
interim or special committees as official agencies of the legislative counsel
bureau as may be deemed advisable to deal with governmental problems, important
issues of public policy and questions of statewide interest. The membership of [such]those
subcommittees and interim or special committees must be designated by the
legislative commission and may consist of members of the legislative commission
and legislators other than members of the commission, employees of the State of
Nevada or citizens of the State of Nevada.

Nevada or citizens of the State of Nevada. Members of [such]those
subcommittees and interim or special committees who are not legislators shall
serve without salary, but they are entitled to receive out of the legislative
fund the per diem expense allowances and travel expenses provided for state
officers and employees generally. Except during a regular or special session of
the legislature, members of [such]those subcommittees and interim or special committees
who are legislators are entitled to receive out of the legislative fund the
compensation provided for a majority of the members of the legislature during
the first 60 days of the preceding session for each day or portion of a day of
attendance, and the per diem expense allowances [and
travel expenses] provided for state officers and employees
generally [.]and the travel expenses provided pursuant to section 1 of this
act.

6. Supervise the functions assigned to
the divisions of the bureau in this chapter.

Sec. 6. NRS 218.6825 is
hereby amended to read as follows:

218.6825 1. There is hereby
created in the legislative counsel bureau an interim finance committee composed
of the members of the assembly standing committee on ways and means and the
senate standing committee on finance during the current or immediately
preceding session of the legislature. The immediate past chairman of the senate
standing committee on finance is the chairman of the interim finance committee
for the period ending with the convening of each even-numbered regular session
of the legislature. The immediate past chairman of the assembly standing
committee on ways and means is the chairman of the interim finance committee
during the next legislative interim, and the chairmanship alternates between
the houses of the legislature according to this pattern.

2. If any regular member of the committee
informs the secretary that he will be unable to attend a particular meeting,
the secretary shall notify the speaker of the assembly or the majority leader
of the senate, as the case may be, to appoint an alternate for that meeting
from the same house and political party as the absent member.

3. The interim finance committee, except
as otherwise provided in subsection 4, may exercise the powers conferred upon
it by law only when the legislature is not in regular or special session. The
membership of any member who does not become a candidate for reelection or who
is defeated for reelection continues until the next session of the legislature
is convened.

4. During a regular session the interim
finance committee may also perform the duties imposed on it by subsections 4
and 6 of NRS 284.115, subsection 3 of NRS 328.480, subsection 1 of NRS 341.145,
and NRS 353.220, 353.224, 353.335 and 428.375 and subsection 6 of NRS 445.700.
In performing those duties, the senate standing committee on finance and the
assembly standing committee on ways and means may meet separately and transmit
the results of their respective votes to the chairman of the interim finance committee
to determine the action of the interim finance committee as a whole.

5. The director of the legislative
counsel bureau shall act as the secretary of the interim finance committee.

6. A majority of the members of the
assembly standing committee on ways and means and a majority of the members of
the senate standing committee on finance, jointly, may
call a meeting of the interim finance committee if the chairman does not do so.

committee on finance, jointly, may call a meeting of the
interim finance committee if the chairman does not do so.

7. In all matters requiring action by the
interim finance committee, the vote of the assembly and senate members must be
taken separately. An action must not be taken unless it receives the
affirmative vote of a majority of the assembly members and a majority of the
senate members.

8. Except during a regular or special
session of the legislature, each member of the interim finance committee and
appointed alternate is entitled to receive the compensation provided for a
majority of the members of the legislature during the first 60 days of the
preceding regular session for each day or portion of a day during which he
attends a committee meeting or is otherwise engaged in committee work plus the
per diem allowance [and travel expenses]
provided for state officers and employees generally [.]and the travel expenses provided pursuant to section 1
of this act. All such compensation must be paid from the contingency
fund in the state treasury.

2. The advisory board consists of the
director of the department of prisons, the director of the department of
general services and eight members appointed by the interim finance committee
as follows:

(a) Two members of the senate.

(b) Two members of the assembly.

(c) Two persons who represent manufacturing in
this state.

(d) One person who represents business in this
state.

(e) One person who represents organized labor in
this state.

3. The members of the advisory board
shall select a chairman from among their membership.

4. Each member of the advisory board
appointed by the interim finance committee must be appointed to a term of 2
years and may be reappointed.

5. Except during a regular or special
session of the legislature, each legislator who is a member of the advisory
board is entitled to receive the compensation provided for a majority of the
members of the legislature during the first 60 days of the preceding regular
session for each day or portion of a day during which he attends a meeting of
the advisory board or is otherwise engaged in the work of the advisory board.
Each nonlegislative member appointed by the interim finance committee is
entitled to receive compensation for his service on the advisory board in the
same amount and manner as the legislative members whether or not the
legislature is in session. Each nonlegislative
member of the advisory board is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally. Each legislator who is a member of
the advisory board is entitled to receive the per diem allowance provided for
state officers and employees generally and the travel expenses provided
pursuant to section 1 of this act. All compensation, allowances and
travel expenses must be paid from the fund for prison industries.

Sec. 8. NRS 228.400 is
hereby amended to read as follows:

228.400 1. There is hereby
created an interim committee of the legislature to review the performance of
the office of the consumers advocate.

(a) Two members of the senate from the majority
political party, designated by the majority leader of the senate;

(b) One member of the senate from the minority
political party, designated by the minority leader of the senate;

(c) Three members of the assembly from the
majority political party, designated by the speaker of the assembly; and

(d) Two members of the assembly from the minority
political party, designated by the minority leader of the assembly.

3. The members from the assembly shall
select a chairman from among their number to serve for the period ending with
the convening of each even-numbered regular session of the legislature. The
members from the senate shall select a chairman from among their number to
serve during the next legislative interim, and the chairmanship alternates
between the houses of the legislature according to this pattern.

4. The committee exists only when the
legislature is not in regular or special session. The committee shall meet at
the call of the chairman to review and evaluate the effectiveness and
functioning of the office of the consumers advocate. It may make
recommendations to the consumers advocate, the attorney general, the public
service commission of Nevada, the legislative commission, the interim finance
committee and the legislature.

5. The director of the legislative
counsel bureau shall provide a secretary for the committee. Each member of the
committee is entitled to receive out of the legislative fund a salary for each
day or portion of a day in attendance at a meeting of the committee, in an
amount equal to the salary established for members of the legislative
commission, and the per diem allowance [and
travel expenses] provided for state officers and employees
generally [.]and the travel expenses provided pursuant to section 1 of this
act.

Sec. 9. NRS 439B.210 is
hereby amended to read as follows:

439B.210 The members of the committee
shall meet throughout each year at the times and places specified by a call of
the chairman or a majority of the committee. The director of the legislative
counsel bureau or a person he has designated shall act as the nonvoting
recording secretary. The committee shall prescribe regulations for its own
management and government. Four members of the committee constitute a quorum,
and a quorum may exercise all the powers conferred on the committee.

2. Except during a regular or special
session of the legislature, members of the committee are entitled to receive
the compensation provided for a majority of the members of the legislature
during the first 60 days of the preceding regular session for each day or
portion of a day during which he attends a meeting of the committee or is
otherwise engaged in the business of the committee plus the per diem allowance [and travel expenses] provided for state
officers and employees generally [.]and the travel expenses provided pursuant to section 1
of this act.

3. The salaries and expenses of the
committee must be paid from the legislative fund.

Sec. 10. NRS 459.0085 is
hereby amended to read as follows:

459.0085 1. There is hereby
created a committee on high-level radioactive waste. It is a committee of the legislature
composed of:

(a) Three members of the senate, appointed by
the majority leader of the senate.

(b) Four members of the assembly, appointed by
the speaker.

2. The legislative commission shall
select a chairman and a vice chairman from the members of the committee.

3. The committee shall meet at the call
of the chairman to study and evaluate:

(a) Information and policies regarding the
location in this state of a facility for the disposal of high-level radioactive
waste;

(b) Any potentially adverse effects from the
construction and operation of a facility and the ways of mitigating those
effects; and

(c) Any other policies relating to the disposal
of high-level radioactive waste.

4. The committee shall report the results
of its studies and evaluations to the legislative commission and the interim
finance committee at such times as the legislative commission or the interim
finance committee may require.

5. The committee may recommend any
appropriate legislation to the legislature and the legislative commission.

6. The director of the legislative
counsel bureau shall provide a secretary for the committee on high-level
radioactive waste. Except during a regular or special session of the
legislature, each member of the committee is entitled to receive the
compensation provided for a majority of the members of the legislature during
the first 60 days of the preceding regular session for each day or portion of a
day during which he attends a committee meeting or is otherwise engaged in the
work of the committee plus the per diem allowance [and
travel expenses] provided for state officers and employees generally
[.]and the
travel expenses provided pursuant to section 1 of this act. Per diem
allowances, salary and travel expenses of members of the committee must be paid
from the legislative fund.

Sec. 11. Section 1 of Senate
Bill No. 106 of this session is hereby amended to read as follows:

Section 1. NRS
218.5365 is hereby amended to read as follows:

218.5365 1. The
members of the committee shall meet throughout each year at the times and
places specified by a call of the chairman or a majority of the committee. The
research director of the legislative counsel bureau or a person he has
designated shall act as the nonvoting recording secretary. The committee shall
prescribe regulations for its own management and government. Four members of
the committee constitute a quorum, and a quorum may exercise all the power and
authority conferred on the committee.

2. [The]Except
during a regular or special session of the legislature, the members of
the committee who are state legislators are entitled to receive [a salary of $80 and the subsistence allowances]the compensation provided for a majority of the members
of the legislature during the first 60 days of the preceding session, the per
diem allowance provided for state officers and employees generally and
the travel expenses provided pursuant to section 1 of [this
act]Assembly Bill No. 417 of this session
for each day of attendance at a meeting of the committee and while engaged in
the business of the committee. Per diem allowances, [salary]
compensation and travel expenses of the legislative members of the committee
must be paid from the legislative fund.

[salary]compensation and travel expenses of the
legislative members of the committee must be paid from the legislative fund.

3. The member
of the committee who represents a local political subdivision is entitled to
receive the subsistence allowances and travel expenses provided by law for his
position for each day of attendance at a meeting of the committee and while
engaged in the business of the committee, to be paid by his local political
subdivision.

Sec. 12. This act becomes
effective upon passage and approval.

Sec. 13. It is the intent of
the legislature that each legislator who is entitled to receive money for
travel expenses while carrying out the business of the legislature is entitled
to receive the amount provided in section 1 of this act. The legislative
counsel shall appropriately correct any obsolete or incorrect reference in
preparing the supplement to Nevada Revised Statutes with respect to any section
which is not amended by this act or is further amended by another act.

AN ACT relating to public housing
authorities; requiring the eviction of a tenant upon the conviction of the
tenant or a person residing with the tenant of certain offenses regarding
controlled substances; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 315 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
8, inclusive, of this act.

Sec. 2. The legislature hereby finds and declares that:

1. The policy of
this state, to provide decent, safe and sanitary housing for persons of low
income, is being thwarted by the frequent occurrence in public housing of
activities concerning the unlawful possession, distribution and use of
controlled substances.

2. The provision
of public housing has never been intended to help subsidize criminal behavior.

3. These unlawful
activities, conducted by an intimidating minority of the residents of public housing,
are causing our public housing to become increasingly infested with violence,
degeneracy and squalor, which imperils the physical and mental health of the
peaceful residents therein.

4. Persons
residing with the active participants in these unlawful activities commonly
share in the proceeds thereof or have the ability to prevent or interfere
significantly in the conduct of the activities.

5. It will promote
the public health, safety and welfare of the residents of this state to require
housing authorities to evict from public housing both the persons who actively
participate in unlawful activities relating to the possession, distribution or
use of controlled substances, and the persons who reside with them.

Sec. 3. As used in sections 3 to 8, inclusive, of this act, unless the
context otherwise requires:

1. Housing
authority means a housing authority created pursuant to this chapter.

2. Landlord
means a person who owns or manages any premises that he rents or leases to a
tenant pursuant to a contract with a housing authority.

3. Premises
means a particular apartment or other residential unit of public housing
occupied by a tenant, or a residential unit that is occupied by a tenant
pursuant to a federally assisted housing program administered by a housing
authority.

4. Public
housing means the residential accommodations operated by a housing authority
or a landlord.

Sec. 4. A tenant in public housing, and every person who resides with
the tenant, is required to vacate public housing upon:

1. The conviction
of the tenant, or any person residing with the tenant, of a violation, while a
resident of public housing, of any state or federal law regulating the
possession, distribution or use of a controlled substance; or

2. The
determination by a juvenile court that any minor residing with the tenant has
committed, while a resident of public housing:

(a) A second violation of
any state or federal law regulating the possession, distribution or use of a
controlled substance; or

(b) A single violation of
any state or federal law regulating the possession, distribution or use of a
controlled substance, if:

(1) There is a
program of rehabilitation in the community which is available to the minor; and

(2) The minor
fails to enroll immediately in the program, or enrolls in the program and fails
or refuses to comply with any term, condition or requirement thereof.

Sec. 5. If a person required to vacate public housing pursuant to
section 4 of this act:

1. Committed the
actual violation or violations for which he is required to vacate public
housing, a housing authority or a landlord, except as otherwise required by
federal law or regulation, or as a condition to the receipt of federal money,
shall not allow the person to again reside in public housing.

2. Did not commit
the actual violation or violations for which he is required to vacate public
housing, a housing authority or a landlord may again allow him to reside in
public housing after he has vacated public housing for a reasonable period.

Sec. 6. 1. Except as otherwise required by federal law or
regulation, or as a condition to the receipt of federal money, a housing
authority or a landlord shall, immediately upon learning of facts indicating that
a tenant is required pursuant to section 4 of this
act to vacate public housing, serve upon the tenant a written notice which:

required pursuant to section 4 of
this act to vacate public housing, serve upon the tenant a written notice
which:

(a) States that the
tenancy is terminated at noon of the fifth full day following the day of
service, and that the tenant must surrender the premises at or before that
time;

(b) Sets forth the facts
upon which the tenant is required to vacate the premises pursuant to section 4
of this act;

(c) Advises the tenant of
his right to contest the matter by filing, within 5 days, an affidavit with the
justice of the peace denying the occurrence of the conditions set forth in
section 4 of this act; and

(d) Contains any other
matter required by federal law or regulation regarding the eviction of the
tenant from those premises, or as a condition to the receipt of federal money.

If the tenant timely files the
affidavit and provides the housing authority or the landlord with a copy of the
affidavit, stamped as filed with the justice of the peace, the housing
authority or the landlord shall not refuse the tenant, or any person who
resides with the tenant, access to the premises.

2. Upon
noncompliance with the notice:

(a) The housing authority
or the landlord shall apply by affidavit to the justice of the peace of the
township where the premises are located. If it appears to the justice of the
peace that the conditions set forth in section 4 of this act have occurred and
that the tenant is required by that section to vacate the premises, the justice
of the peace shall issue an order directing the sheriff or constable of the
county to remove the tenant and any other person on the premises within 24
hours after receipt of the order. The affidavit required by this paragraph must
contain:

(1) The date when,
and the facts upon which, the tenant became required to vacate the premises.

(2) The date when
the written notice was given, a copy of the notice and a statement that the
notice was served as provided in section 7 of this act.

(b) Except when the
tenant has timely filed the affidavit described in subsection 1 and provides
the housing authority or the landlord with a copy of the affidavit, stamped as
filed with the justice of the peace, the housing authority or the landlord may,
in a peaceable manner, refuse the tenant, and any person who resides with the
tenant, access to the premises.

3. Upon the filing
by the tenant of the affidavit authorized by subsection 1 and the filing by the
housing authority or the landlord of the affidavit required by subsection 2,
the justice of the peace shall hold a hearing, after service of notice of the
hearing upon the parties, to determine the truthfulness and sufficiency of any
affidavit or notice provided for in this section. If the justice of the peace
determines that the conditions set forth in section 4 of this act have occurred
and that the tenant is required by that section to vacate the premises, the
justice of the peace shall issue a summary order for removal of the tenant and
any other person on the premises, or an order refusing the tenant, and any
person who resides with the tenant, admittance to the premises. If the justice
of the peace determines that the conditions set forth in section 4 of this act
have not occurred and that the tenant is not required by that section to vacate
the premises, the justice of the peace shall refuse to grant any relief.

4. The provisions
of NRS 40.215 to 40.420, inclusive, do not apply to any proceeding brought
pursuant to the provisions of sections 2 to 8, inclusive, of this act.

Sec. 7. 1. The notices required by section 6 of this act
must be served in any manner required by federal law or regulation concerning
the eviction of the tenant from those premises, or as a condition to the
receipt of federal money, or, in the absence of such a requirement, the notice
may be served:

(a) By delivering a copy
to the tenant personally, in the presence of a witness; or

(b) If the tenant cannot
be found with reasonable diligence, by leaving a copy with a person of suitable
age and discretion at the premises or the tenants usual place of business,
mailing a copy to the tenant at the premises or his usual place of business,
and posting a copy in a conspicuous place on the premises.

2. Before an order
to remove a tenant is issued pursuant to section 6 of this act, a housing
authority or a landlord must file with the court a proof of service of any
notice required by that section. This proof must consist of a statement, signed
by the tenant and a witness, acknowledging that the tenant received the notice
on a specified date, or:

(a) The endorsement of a
sheriff, constable or other process server stating the time and manner of
service; and

(b) If service is
accomplished in a manner which requires that a copy of the notice be mailed to
the tenant, a certificate of mailing issued by the United States Postal
Service.

Sec. 8. 1. The issuance of a summary order for removal of
a tenant of public housing does not preclude an action by the tenant, or any
person who resides with the tenant, for any damages or other relief to which he
is entitled.

2. Either party
may, within 10 days, appeal the decision of the justice of the peace to the
district court for that county. An appeal by the tenant does not stay the order
issued by the justice of the peace.

AN ACT relating to insurance; making
permanent the provisions requiring the commissioner of insurance to study
methods to contain rates for insurance; authorizing the collection of certain
data; imposing a fee; providing a penalty; and providing other matters properly
relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 679B of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
8, inclusive, of this act.

(a) Stabilizing the cost
of insurance is of vital concern to the residents of this state; and

(b) It is necessary to
establish a comprehensive system to collect, analyze and distribute information
concerning the cost of insurance in order to stabilize that cost effectively.

2. The purposes of
sections 2 to 8, inclusive, of this act, are to:

(a) Promote the public
welfare by studying the relationship of premiums and related income of insurers
to costs and expenses of insurers;

(b) Develop measure to
stabilize prices for insurance while continuing to provide insurance of high
quality to the residents of this state;

(c) Permit and encourage
competition between insurers on a sound financial basis to the fullest extent
possible; and

(d) Establish a mechanism
to ensure the provision of adequate insurance at reasonable rates to the
residents of this state.

Sec. 3. The commissioner shall:

1. Determine the
relationship of premiums and related income of insurers to costs and expenses
of insurers, provide this information to the legislature and make this
information available to the general public.

2. Respond to
requests by governmental agencies of this state and by the legislature for
special studies and analysis of information collected pursuant to sections 2 to
8, inclusive, of this act.

3. Report to each
regular session of the legislature concerning his duties and findings pursuant
to this section no later than February 1.

Sec. 4. The commissioner may employ and fix the compensation of, and
enter into agreements with, such technical and professional consultants as he
deems necessary to accomplish the purposes of sections 2 to 8, inclusive, of
this act.

Sec. 5. 1. The commissioner may issue such orders as are
necessary to require compliance with the provisions of sections 2 to 8,
inclusive, of this act.

2. The
commissioner shall adopt regulations requiring each insurer authorized to
transact casualty or property insurance in this state to record and report its
losses, expenses and other information necessary to assess the relationship of
premiums and related income to costs and expenses of insurers. The commissioner
may designate one or more rate service organizations or other advisory
organizations to gather and compile this information. The commissioner shall
require each insurer authorized to transact casualty or property insurance in
this state to submit reports, on forms furnished by the commissioner, of its
transactions in insurance in this state and elsewhere.

3. If a rate
service organization or other advisory organization designated pursuant to
subsection 2 imposes a fee for the filing, processing or review of information
required to be filed by this section, the insurer shall pay that fee and file
the information.

Sec. 6. 1. The commissioner may require that reports
submitted pursuant to section 5 of this act include, without limitation,
information regarding:

(a) Liability insurance
provided to:

(1) Governmental
agencies and political subdivisions of this state, reported separately for:

(6) Officers or
directors of organizations formed pursuant to Title 7 of NRS, reported
separately for nonprofit entities and entities organized for profit;

(b) Liability insurance
for:

(1) Defective
products;

(2) Medical
malpractice;

(3) Malpractice of
attorneys;

(4) Malpractice of
architects and engineers; and

(5) Errors and
omissions by other professionally qualified persons; and

(c) Vehicle insurance,
reported separately for:

(1) Private
vehicles;

(2) Commercial
vehicles;

(3) Liability
insurance; and

(4) Insurance for
property damage.

2. The commissioner
may require that the report include, without limitation, information
specifically pertaining to this state or to an insurer in its entirety, in the
aggregate or by type of insurance, and for a previous or current year,
regarding:

(i) Expenses for
adjustment of losses, including allocated and unallocated losses;

(j) New underwriting gain
or loss;

(k) Net operation gain or
loss, including net investment income; and

(l) Any other information
requested by the commissioner.

3. The
commissioner may also obtain, based upon an insurer in its entirety,
information regarding:

(a) Recoverable federal
income tax;

(b) Net unrealized
capital gain or loss; and

(c) All other expenses
not included in subsection 2.

Sec. 7. 1. Insurers required to file reports pursuant to
section 5 of this act shall pay to the insurance division of the department of
commerce a reasonable fee established by the commissioner of not more than $500
to cover the costs to the division of the
administration and enforcement of sections 2 to 8, inclusive, of this act,
including any expenses incident or associated with the requirements of those
sections.

costs to the division of the
administration and enforcement of sections 2 to 8, inclusive, of this act,
including any expenses incident or associated with the requirements of those
sections.

2. The cost of
furnishing a report, unless furnished to a legislator, must be paid by the
party requesting the report.

3. The
commissioner may establish a schedule of fees for the purposes of this section.

Sec. 8. 1. An insurer who willfully or repeatedly
violates or fails to comply with a provision of sections 2 to 7, inclusive, of
this act, or a regulation adopted pursuant to section 5 of this act is subject,
after notice and hearing held pursuant to NRS 679B.310 to 679B.370, inclusive,
to payment of an administrative fine of not more than $1,000 for each day of
the violation or failure to comply, up to a maximum fine of $50,000.

2. An insurer who
fails or refuses to comply with an order issued by the commissioner pursuant to
section 5 of this act is subject, after notice and hearing held pursuant to NRS
679B.310 to 679B.370, inclusive, to suspension or revocation of his certificate
of authority to transact insurance in this state.

3. The imposition
of an administrative fine pursuant to this section must not be considered by
the commissioner in any other administrative proceeding unless the fine has
been paid or a court order for payment of the fine has become final.

AN ACT making an appropriation to the
University of Nevada System for the payment of expenses related to the purchase
of instructional equipment and furnishings; and providing other matters
properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the University of Nevada System the
sum of $5,339,000 for the payment of expenses related to the acquisition of
instructional equipment and furnishings for institutions and agencies within the
university system.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1989
Statutes of Nevada, Page 1230κ

CHAPTER 577, AB 351

Assembly Bill No.
351Assemblymen Dini and Schofield

CHAPTER 577

AN ACT making an appropriation to the
contingency fund for hazardous materials for use in the event of a spill or
accident to pay for costs of cleaning and decontaminating the affected area;
requiring repayment to the state general fund in annual installments; and providing
other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the contingency fund for
hazardous materials created pursuant to NRS 459.735 the sum of $35,000.

2. The money so appropriated must be used
to carry out the purposes of NRS 459.755.

3. Commencing July 1, 1990, the
commission established by the governor pursuant to Public Law 99-499 shall
repay in annual installments to the state treasurer for deposit in the state
general fund an amount equal to $5,000 until the total sum appropriated is
repaid.

AN ACT relating to controlled substances;
clarifying that real property is subject to forfeiture if used by a tenant to
facilitate certain crimes involving controlled substances; requiring in such
cases that the owner be notified about the unlawful use of the property;
expanding unlawful detainer to include a tenants violation of certain criminal
statutes involving controlled substances on the leased premises; and providing
other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 453 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Whenever a
person is arrested for violating any of the provisions of NRS 453.011 to
453.552, inclusive, except NRS 453.336, and real property or a mobile home
occupied by him as a tenant has been used to facilitate the violation, the
prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written
notice of the arrest.

delivered to the owner of the
property or mobile home a written notice of the arrest.

2. Whenever a
person is convicted of violating any of the provisions of NRS 453.011 to
453.552, inclusive, except NRS 453.336, and real property or a mobile home
occupied by him as a tenant has been used to facilitate the violation, the
prosecuting attorney responsible for the case shall cause to be delivered to
the owner of the property or mobile home a written notice of the conviction.

3. The notices
required by this section must:

(a) Be written in
language which is easily understood;

(b) Be sent by certified
or registered mail, return receipt requested, to the owner at his last known
address;

(c) Be sent within 15
days after the arrest occurs or judgment of conviction is entered against the
tenant, as the case may be;

(d) Identify the tenant
involved and the offense for which he has been arrested or convicted; and

(e) Advise the owner
that:

(1) The property
or mobile home is subject to forfeiture pursuant to NRS 453.301 and 179.1156 to
179.119, inclusive, unless the tenant, if convicted, is evicted;

(2) Any similar
violation by the same tenant in the future may also result in the forfeiture of
the property unless the tenant has been evicted;

(3) In any
proceeding for forfeiture based upon such a violation he will, by reason of the
notice, be deemed to have known of and consented to the unlawful use of the
property or mobile home; and

(4) The provisions
of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction
to facilitate his recovery of the property or mobile home upon such a violation
and provide for the recovery of any reasonable attorneys fees he incurs in
doing so.

4. Nothing in this
section shall be deemed to preclude the commencement of a proceeding for
forfeiture or the forfeiture of the property or mobile home, whether or not the
notices required by this section are given as required, if the proceeding and
forfeiture are otherwise authorized pursuant to NRS 453.301 and 179.1156 to
179.119, inclusive.

5. As used in this
section, tenant means any person entitled under a written or oral rental
agreement to occupy real property or a mobile home to the exclusion of others.

Sec. 2. NRS 453.301 is
hereby amended to read as follows:

453.301 The following are subject to
forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:

1. All controlled substances which have
been manufactured, distributed, dispensed or acquired in violation of the
provisions of NRS 453.011 to 453.552, inclusive.

2. All raw materials, products and
equipment of any kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing or exporting any controlled
substance in violation of the provisions of NRS 453.011 to 453.552, inclusive.

3. All property which is used, or
intended for use, as a container for property described in subsections 1 and 2.

4. All books, records and research
products and materials, including formulas, microfilm, tapes and data, which
are used, or intended for use, in violation of the provisions of NRS 453.011 to
453.552, inclusive.

5. All conveyances, including aircraft,
vehicles or vessels, which are used, or intended for use, to transport, or in
any manner to facilitate the transportation, concealment, manufacture or
protection, for the purpose of sale, possession for sale or receipt of property
described in subsection 1 or 2.

6. All drug paraphernalia as defined by
NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or
of an injunction issued pursuant to NRS 453.558.

7. All imitation controlled substances
which have been manufactured, distributed or dispensed in violation of the
provisions of NRS 453.332.

8. All real
property and mobile homes used or intended to be used by any owner or tenant of
the property or mobile home to facilitate a violation of the provisions of NRS
453.011 to 453.552, inclusive, except NRS 453.336. As used in this subsection,
tenant means any person entitled, under a written or oral rental agreement,
to occupy real property or a mobile home to the exclusion of others.

9. Everything
of value furnished or intended to be furnished in exchange for a controlled
substance in violation of the provisions of NRS 453.011 to 453.552, inclusive,
all proceeds traceable to such an exchange, and all other
property used or intended to be used to facilitate a violation of the
provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336. If an
amount of cash which exceeds $300 is found in the possession of a person who is
arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable
presumption that the cash is traceable to an exchange for a controlled
substance and is subject to forfeiture pursuant to this subsection.

[9.]10. All firearms, as defined by NRS
202.253, which are in the actual or constructive possession of a person who
possesses or is consuming, manufacturing, transporting, selling or under the
influence of any controlled substance in violation of the provisions of NRS
453.011 to 453.552, inclusive.

Sec. 3. NRS 40.2514 is
hereby amended to read as follows:

40.2514 A tenant of real property or a
mobile home for a term less than life is guilty of an unlawful detainer when he
[assigns]:

1. Assigns
or sublets the leased premises contrary to the covenants of the lease [, or commits];

2. Commits
or permits waste thereon [, or when he sets];

3. Sets up
or carries on therein or thereon any unlawful business [,
or when he suffers,];

4. Suffers
permits or maintains on or about the premises any nuisance [,]; or

5. Violates any of
the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336,
therein or thereon,

and remains in possession after service upon him of 3 days
notice to quit.

Sec. 4. NRS 40.253 is hereby
amended to read as follows:

40.253 1. Except as
otherwise provided in subsection 6, in addition to the remedy provided in NRS
40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any
dwelling, apartment, mobile home, recreational vehicle or commercial premises
with periodic rent reserved by the month or any shorter
period, is in default in payment of the rent, the landlord or his agent, unless
otherwise agreed in writing, may serve or have served a notice in writing,
requiring in the alternative the payment of the rent or the surrender of the
premises at or before noon of the fifth full day following the day of service.

any shorter period, is in default in payment of the rent,
the landlord or his agent, unless otherwise agreed in writing, may serve or
have served a notice in writing, requiring in the alternative the payment of
the rent or the surrender of the premises at or before noon of the fifth full
day following the day of service. The notice must advise the tenant of his
right to contest the matter by filing, within 5 days, an affidavit with the
justice of the peace that he has tendered payment or is not in default in the
payment of the rent. If the tenant timely files the affidavit stating that he
has either tendered payment of or paid the rent, the landlord or his agent, after
receipt of a file-stamped copy of the affidavit which was filed, shall not
provide for the nonadmittance of the tenant to the premises by locking or
otherwise.

2. Upon noncompliance with the notice:

(a) The landlord or his agent may apply by
affidavit to the justice of the peace of the township in which the dwelling,
apartment, mobile home or commercial premises are located. The justice of the
peace may thereupon issue an order directing the sheriff or constable of the
county to remove the tenant within 24 hours after receipt of the order. The
affidavit provided for in this paragraph must contain:

(1) The date the tenancy commenced.

(2) The amount of periodic rent reserved.

(3) The amounts of any cleaning, security
or rent deposits paid in advance, in excess of the first months rent, by the
tenant.

(4) The date the rental payments became
delinquent.

(5) The length of time the tenant has
remained in possession without paying rent.

(6) The amount of rent claimed due and
delinquent.

(7) A statement that the written notice
was served on the tenant in accordance with NRS 40.280.

(8) A copy of the written notice served
on the tenant.

(9) A copy of the signed written rental
agreement, if any.

(b) Except where the tenant has timely filed the
affidavit described in subsection 1 and a file-stamped copy of it has been
received by the landlord or his agent, the landlord or his agent may, in a
peaceable manner, provide for the nonadmittance of the tenant to the premises
by locking or otherwise.

3. Upon the filing by the tenant of the
affidavit permitted in subsection 1 and the filing by the landlord of the
affidavit required by subsection 2, the justice of the peace shall hold a
hearing, after service of notice of the hearing upon the parties, to determine
the truthfulness and sufficiency of any affidavit or notice provided for in
this section. If the justice of the peace determines that there is no legal defense
as to the alleged unlawful detainer and the tenant is guilty of an unlawful
detainer, the justice of the peace may issue a summary order for removal of the
tenant or an order providing for the nonadmittance of the tenant pursuant to
subsection 2. If the justice of the peace determines that there is a legal
defense as to the alleged unlawful detainer, he shall refuse to grant either
party any relief, and, except as otherwise provided in
this subsection, shall require that any further proceedings be conducted
pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order
for removal of the tenant does not preclude an action by the tenant for any
damages or other relief to which he may be entitled. If
the alleged unlawful detainer was based upon
subsection 5 of NRS 40.2514, the refusal by the justice of the peace to grant
relief does not preclude the landlord thereafter from pursuing an action for
unlawful detainer in accordance with NRS 40.251.

unlawful detainer was based upon
subsection 5 of NRS 40.2514, the refusal by the justice of the peace to grant
relief does not preclude the landlord thereafter from pursuing an action for
unlawful detainer in accordance with NRS 40.251.

4. The tenant may, upon payment of the
appropriate fees required by chapter 4 of NRS relating to the filing and
service of a motion, file a motion with the justice of the peace, on a form
provided by the clerk of the justices court, to dispute the amount of the
costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the
inventory, moving and storage of personal property left on the premises. The
motion must be filed within 20 days after the summary order for removal of the
tenant or the abandonment of the premises by the tenant, or within 20 days
after:

(a) The tenant has vacated or been removed from
the premises; and

(b) A copy of those charges has been requested
by or provided to the tenant,

whichever is later.

5. Upon the filing of a motion pursuant
to subsection 4, the justice of the peace shall schedule a hearing on the
motion. The hearing must be held within 10 days after the filing of the motion.
The justice of the peace shall affix the date of the hearing to the motion and
order a copy served upon the landlord by the sheriff, constable or other process
server. At the hearing, the justice of the peace may:

(a) Determine the costs, if any, claimed by the
landlord pursuant to NRS 118A.460, and any accumulating daily costs; and

(b) Order the release of the tenants property
upon the payment of the charges determined to be due or if no charges are
determined to be due.

6. This section does not apply to the
tenant of a mobile home lot in a mobile home park or to the tenant of a
recreational vehicle lot in an area of a mobile home park in this state other
than an area designated as a recreational vehicle lot pursuant to the
provisions of subsection 6 of NRS 40.215.

Sec. 5. NRS 40.254 is hereby
amended to read as follows:

40.254 Except as otherwise provided by
specific statute, in addition to the remedy provided in NRS 40.251 and in NRS
40.290 to 40.420, inclusive, when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of
NRS, part of a low-rent housing program operated by a
public housing authority, a mobile home or a recreational vehicle is
guilty of an unlawful detainer, the landlord is entitled to the summary
procedures provided in NRS 40.253 except that:

1. Written notice to surrender the
premises must:

(a) Be given to the tenant in accordance with
the provisions of NRS 40.280; and

(b) Advise the tenant of his right to contest
the notice by filing within 5 days an affidavit with the justice of the peace that
he is not guilty of an unlawful detainer.

2. The affidavit of the landlord or his
agent submitted to the justice of the peace must contain:

(a) The date when the tenancy commenced, the
term of the tenancy, and, if any, a copy of the rental agreement.

(b) The date when the tenancy or rental
agreement allegedly terminated.

(c) The date when the tenant became subject to
the provisions of NRS 40.251 to 40.2516, inclusive, together with any
supporting facts.

(d) The date when the written notice was given,
a copy of the notice and a statement that notice was served in accordance with
NRS 40.280.

(e) A statement that the claim for relief was
authorized by law.

3. If the tenant
is found guilty of unlawful detainer as a result of his violation of any of the
provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, the
landlord is entitled to be awarded any reasonable attorneys fees incurred by
the landlord or his agent as a result of a hearing, if any, held pursuant to
subsection 3 of NRS 40.253 wherein the tenant contested the eviction.

Sec. 6. NRS 179.1164 is
hereby amended to read as follows:

179.1164 1. Except as
otherwise provided in subsection 2, the following property is subject to
seizure and forfeiture in a proceeding for forfeiture:

(a) Any proceeds attributable to the commission
or attempted commission of any felony.

(b) Any property or proceeds otherwise subject
to forfeiture pursuant to NRS 179.121, 200.760 or 453.301.

2. Property may not, to the extent of the
interest of any claimant, be declared forfeited by reason of an act or omission
shown to have been committed or omitted without the knowledge or consent of the
claimant.

3. Unless the
owner of real property or a mobile home:

(a) Has given the tenant
notice to surrender the premises pursuant to NRS 40.254 within 90 days after
the owner receives notice of a conviction pursuant to subsection 2 of section 1
of this act; or

(b) Shows the court that
he had good cause not to evict the tenant summarily pursuant to NRS 40.254,

the owner of real property or a
mobile home used or intended for use by a tenant to facilitate any violation of
the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is
disputably presumed to have known of and consented to that use if the notices
required by section 1 of this act have been given in connection with another
such violation relating to the property or mobile home. The holder of a lien or
encumbrance on the property or mobile home is disputably presumed to have
acquired his interest in the property for fair value and without knowledge or
consent to such use, regardless of when the act giving rise to the forfeiture
occurred.

Sec. 7. Sections 2, 4 and 5
of this act become effective at 12:01 a.m. on October 1, 1989.

AN ACT relating to water; requiring local
governments to file reports with the administrator of the division of water
planning of the state department of conservation and natural resources
concerning the approval of certain new development which requires the use of
water; creating an advisory board on water resources planning and development;
authorizing the development of plans concerning water resources; and providing
other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 540 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
7, inclusive, of this act.

Sec. 2. It is the intent of the legislature, in accordance with the
state policy set forth in NRS 540.011, to provide for the reporting of all
projects to the administrator to ensure effective coordination by the state in its
effort to plan water use.

Sec. 3. As used in sections 2 to 5, inclusive, of this act, unless the
context otherwise requires:

Project means any
development, including new construction and expansion or modification of
existing development, that requires the use of 5 acre-feet or more of water per
year and requires the approval of an officer or agency of a local government.

Sec. 4. Sections 2 to 5, inclusive, of this act, do not apply to:

1. A publicly
owned project;

2. A subdivision
as defined in NRS 278.320;

3. A parcel map
filed pursuant to NRS 278.461;

4. A division of
land pursuant to NRS 278.471 to 278.4725, inclusive; or

5. A planned unit
development pursuant to chapter 278A of NRS.

Sec. 5. 1. A local governmental officer or agency that is
required to approve a project shall file a report of each project the officer
or agency approves on a form provided by the administrator.

2. Each report of
an approved project must include:

(a) The name and mailing
address of the owner or developer of the project;

(b) A legal description
of the location of the project;

(c) A description of the
project, including a summary of the amount of water required annually for the
project;

(d) A statement
concerning how the water will be supplied; and

(e) If the water is
self-supplied, the source of the water and identification of the water rights.

3. A local
governmental officer or agency may require the owner or developer of an
approved project to fill out the report.

4. The local
governmental officer or agency shall file all reports for projects approved
during a quarter of a calendar year on or before 15 days after the last day of
the quarter. The local governmental officer or agency shall submit a fee with
each report in the amount of $75 plus 50 cents per acre-foot of water, or fraction thereof, required by the
project.

acre-foot of water, or fraction thereof,
required by the project. The local governmental officer or agency shall collect
the fee from the owner or developer of the project, plus an additional
administrative fee of $10 which may be retained by the local government. The
administrative fee is not subject to the limitations in NRS 354.5989.

5. The
administrator shall deposit all fees he receives pursuant to this section with
the state treasurer for credit to the state general fund.

Sec. 6. 1. The administrator may develop plans for the
use of water resources which affect a specified region, the area within the
jurisdiction of a local government or the state.

2. A water plan
developed pursuant to subsection 1 must be approved by the legislature before
it is implemented.

Sec. 7. 1. The advisory board on water resources planning
and development, consisting of 13 members, is hereby created within the
division.

2. The members of
the board for financing water projects are ex officio members of the advisory
board. The governor shall appoint the remaining eight members of the advisory
board as follows:

(a) Six members who are
representatives of the governing bodies of counties and cities;

(b) One member who is a
representative of the largest water utility in the county with the largest
population in the state; and

(c) One member who is a
representative of the largest water utility in the county with the second
largest population in the state.

The governor shall make the
appointments required by this subsection so that, including the ex officio
members, at least seven members of the advisory board are residents of the
county with the largest population in the state and at least three members are
residents of the county with the second largest population in the state.

3. The appointed
members of the advisory board serve at the pleasure of the appointing
authority.

4. All vacancies
in the appointed members on the advisory board must be filled in the same
manner of appointment as the member who created the vacancy.

5. The members of
the advisory board are entitled to receive a salary of $60 for each days
attendance at a meeting of the advisory board and the travel and subsistence
allowances provided by law for state officers and employees generally.

6. The advisory board
shall, at its first meeting and annually thereafter, elect a chairman from
among its members.

7. The advisory
board may meet at least once in each calendar quarter and at other times upon
the call of the chairman or a majority of the members.

8. Seven members
of the advisory board constitute a quorum. A quorum may exercise all of the
powers and duties of the advisory board.

9. The advisory
board shall:

(a) Advise the
administrator on matters relating to the planning and development of water resources;

(b) Be informed on and
interested in the administrative duties of the division and any legislation
recommended by the division;

(c) Advise and make
recommendations through the division and the state department of conservation
and natural resources to the governor and the legislature concerning policies
for water planning and the development of water resources in this state; and

(d) Advise the
administrator concerning the policies of the division and areas of emphasis for
the planning of water resources.

Sec. 8. NRS 540.031 is
hereby amended to read as follows:

540.031 The division of water planning of
the state department of conservation and natural resources is hereby created. [The governor may appoint an advisory board to advise
the department on matters relating to the planning and development of water
resources.]

Sec. 9. NRS 354.5989 is
hereby amended to read as follows:

354.5989 1. Except as
otherwise provided in NRS 354.59891 [,]and section 5 of this act, a local government
shall not increase any fee for a license or permit or adopt a fee for a license
or permit, including without limitation every license or permit issued for
revenue or regulation or both, such as business licenses, liquor licenses,
gaming licenses, and building and zoning permits, except as permitted by this
section. This prohibition does not apply to fees imposed by hospitals, county
airports, airport authorities, convention authorities, the Las Vegas Valley
Water District or the Clark County Sanitation District.

2. The amount of revenue derived by the
local government from all fees except those excluded by subsection 1, for the
fiscal year ended on June 30, 1982, is the base from which the maximum
allowable revenue from such fees must be calculated for subsequent years. To
the base must be added the sum of the amounts respectively equal to the product
of the base multiplied by:

(a) Eighty percent of the proportionate increase
in the Consumer Price Index from January 1, 1982, to January 1 next preceding
the fiscal year for which the calculation is made; and

(b) The quotient of the assessed value of the
new real property, possessory interests and mobile homes added to the
assessment rolls since July 1, 1982, divided by the total assessed valuation,
for the fiscal year next preceding the one for which the calculation is made,
of all property except that new property added.

3. A local government may not increase
any fee for a license or permit which is calculated as a fraction or percentage
of the gross revenue of the business if its total revenues from such fees have
increased during the preceding calendar year by 80 percent or more of the
increase in the Consumer Price Index during that preceding calendar year.

4. If the executive director of the
department of taxation excludes fees for building permits from the maximum
allowable revenue from fees of a local government pursuant to NRS 354.59891, he
shall decrease the maximum allowable revenue from fees established pursuant to
this section for that local government by an amount equal to the portion of the
total fees otherwise allowable which was attributable to fees for building
permits.

5. A local government may submit an
application to increase its revenue from fees beyond the maximum allowable
under this section to the Nevada tax commission, which may grant the
application only if it finds that under the circumstances a special distribution
could be made from the reserve fund for the supplemental
city-county relief tax and only to the extent that these circumstances are not
relieved by such a distribution.

the supplemental city-county relief tax and only to the
extent that these circumstances are not relieved by such a distribution.

6. The provisions of this section apply
to any license or permit for any purpose regardless of the fund to which the
revenue from it is assigned. An ordinance or resolution enacted by a local
government in violation of the provisions of this sections is void.

AN ACT relating to crimes; prohibiting the
discharge of a firearm out of a motor vehicle; providing penalties; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 202 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Any person,
while in a motor vehicle, whether under the influence of liquor, a controlled
substance or otherwise, who maliciously or wantonly discharges or causes to be
discharged out of the motor vehicle, any pistol, gun or any other kind of
firearm:

(a) If the motor vehicle
is not within an area designated by city or county ordinance as a populated
area for the purpose of prohibiting the discharge of weapons, is guilty of a
misdemeanor.

(b) If the motor vehicle
is within an area designated by city or county ordinance as a populated area
for the purpose of prohibiting the discharge of weapons, shall be punished by
imprisonment in the state prison for not less than 1 year or more than 6 years,
or by a fine of not more than $5,000, or by both fine and imprisonment.

2. The provisions
of this section do not apply to:

(a) A person who lawfully
shoots at a game animal or game bird pursuant to subsection 2 of NRS 503.010;
or

(b) A peace officer while
engaged in the performance of his official duties.

3. As used in this
section, motor vehicle means every vehicle which is self-propelled.

Sec. 2. NRS 202.253 is
hereby amended to read as follows:

202.253 As used in NRS 202.255 to
202.360, inclusive, and section 1 of this act,
firearm means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of
explosive, spring, gas, air or other force.

greater from which a projectile may be propelled by means of
explosive, spring, gas, air or other force.

Sec. 3. NRS 202.280 is
hereby amended to read as follows:

202.280 1. [Any]Unless a
greater penalty is provided in section 1 of this act, a person, whether
under the influence of liquor , a controlled substance
or otherwise, who [shall]
maliciously, wantonly or negligently [discharge
or cause]discharges or causes to
be discharged any pistol, gun or any other kind of firearm, in or upon any
public street or thoroughfare, or in any theater, hall, store, hotel, saloon or
any other place of public resort, or [throw]throws any deadly missile in a public place [,] or in any place were any person might
be endangered thereby, although no injury [result,
shall be]results, is guilty of a
misdemeanor.

2. All civil, military and peace officers
shall be vigilant in carrying the provisions of subsection 1 into full force
and effect. Any peace officer who [shall neglect]neglects his duty in the [due]
arrest of any such offender [shall be]is guilty of a gross misdemeanor.

(a) If it has been abandoned, [for]is guilty of
a misdemeanor [.]unless a greater penalty is provided in section 1 of this act.

(b) Otherwise, shall be
punished by imprisonment in the state prison for not less than 1 year or
more than 6 years, or by a fine of not more than $5,000, or by both fine and
imprisonment.

2. Whenever a firearm is so discharged at
or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house
trailer, railroad locomotive, car or tender, in motion or at rest, and it
cannot with reasonable certainty be ascertained in what county the crime was
committed, the offender may be arrested and tried in any county through which
the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer,
locomotive or railroad car may have run on the trip during which the firearm
was discharged at or into it.

Sec. 5. NRS 202.290 is
hereby amended to read as follows:

202.290 [Every]Unless a greater penalty is provided in section 1 of
this act, a person who [shall aim]aims any gun, pistol, revolver or other firearm,
whether loaded or not, at or toward any human being, or who [shall willfully discharge]willfully discharges any firearm, air gun or other
weapon, or [throw]throws any deadly missile in a public place [,] or in any place where any person
might be endangered thereby, although no injury [result,
shall be]results, is guilty of a
misdemeanor.

Sec. 6. NRS 202.320 is
hereby amended to read as follows:

202.320 1. [Any]Unless a
greater penalty is provided in section 1 of this act, a person having,
carrying or procuring from another person any dirk, dirk-knife, sword, sword
cane, pistol, gun or other deadly weapon, who ,[shall,] in the presence of two or more
persons, [draw or exhibit]draws or exhibits any of such deadly weapons in a rude,
angry or threatening manner not in necessary self-defense, or who [shall] in any manner unlawfully [use the same] uses that
weapon in any fight or quarrel, [shall be] is guilty of a misdemeanor.

the same]uses that weapon in any fight or quarrel, [shall be]is
guilty of a misdemeanor.

2. [No]A sheriff, deputy sheriff, marshal, constable or
other peace officer shall not be held to answer,
under the provisions of subsection 1, for drawing or exhibiting any of the
weapons mentioned therein while in the lawful discharge of his duties.

Sec. 7. NRS 179.121 is
hereby amended to read as follows:

179.121 1. All personal
property, including any tool, substance, weapon, machine, money or security,
which is used as an instrumentality in the commission of or attempted
commission of the crime of murder, robbery, kidnaping, burglary, grand larceny
or pandering or of a violation of NRS 465.070 to 465.085, inclusive, or section 1 of this act, is subject to forfeiture.

2. Except as otherwise provided for
conveyances forfeitable pursuant to NRS 453.301, all conveyances, including
aircraft, vehicles or vessels, which are used or intended for use during the
commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, or section 1 of this act, are subject to forfeiture
except that:

(a) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is subject to
forfeiture under this section unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to the felony or
such violation;

(b) No conveyance is subject to forfeiture under
this section by reason of any act or omission established by the owner thereof
to have been committed or omitted without his knowledge or consent; and

(c) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the secured party if
he neither had knowledge of nor consented to the felony. If a conveyance is
forfeited the appropriate law enforcement agency may pay [off] the existing balance and retain the
conveyance for official use.

No person, other than the holder of a community property
interest, whose name or interest does not appear on the certificate of
registration or title for the conveyance is a proper party to any forfeiture
proceeding pursuant to this subsection.

Sec. 8. NRS 403.560 is
hereby amended to read as follows:

403.560 1. The board of
county commissioners of each county shall cause to be put up, and to be kept up
thereafter, at each crossing or [forks]fork of any county road in the county, a
guideboard, having thereon an index or pointer and the words To (naming the
place or first point of any importance on such road, and in remote desert and
mountain areas to the nearest water, and the number of miles, as near as may
be, thereto) miles. [Such number of guideboards
shall]The guideboards must be put
up and so placed at all such points as to enable travelers readily to
understand therefrom the road they wish to travel in order to arrive at the
desired destination, or to find [such]
water.

2. [Any]Unless a greater penalty is provided in section 1 of
this act, a person who [shall willfully
tear down, dig up, shoot]willfully tears
down, digs up, shoots or in any manner [deface,
destroy or carry]defaces, destroys or
carries away any such guideboard, road marker, highway sign or
descriptive sign [shall be]is guilty of a misdemeanor.

405.010 1. Whenever, by
reason of excessive moisture or a lack of moisture, [the
public roads or highways]a section of
public road or highway under the supervision of [either
the several boards]a board of
county highway commissioners or [the boards]board of county commissioners [may be]is
damaged by heavy loads [thereon, the several
boards], the board of county highway
commissioners or board of county commissioners having supervision over
the section of public [roads
or highways, or the several boards of county highway commissioners having
supervision over the public roads or highways of this state, shall have
authority:

(a) To close any]road or highway may:

(a) Close the section of
public road or highway to such extent and for such time as may be necessary.

(b) [To fix]Fix the maximum load [limit]
which may pass over [any]the section of public road or highway .[or any section
thereof.]

2. Notices of the closing of any section of public road or highway or limiting of the maximum load which may pass over the section of public road or highway under the provisions
of this section [shall]must be given by placing a notice at each end of the
section of road or highway to be protected, after [such]the board of county commissioners or board of
county commissioners [shall have]has passed a resolution to [such]that effect, which resolution [shall be spread]must
appear upon the minutes of [such]the board of county highway commissioners or
board of county commissioners. [Such notice shall]The notice must state that [such]the section
of road is closed to traffic or state the maximum load which may be
drawn or carried over the section of road or
highway .[or
section thereof.

3. Any person,
firm, company or corporation who shall deface, destroy, shoot or remove]

3. Unless a
greater penalty is provided in section 1 of this act, a person who defaces,
destroys, shoots or removes any sign or notice so erected or placed [shall be]is
guilty of a misdemeanor.

4. Any person [,
firm, company or corporation who shall pass]who passes over a section of
road so closed, [or any part thereof, or who
shall carry over such road or any section thereof]or who carries over the section of road any load in
excess of the weight stated in [such]the resolution of the board of county highway
commissioners or [the] board of
county commissioners and as stated in [such]the notice, shall be punished by a fine of not
more than $500, and [shall be]is liable for any damage that may be done to any section of public road or highway [or any section thereof] as the result of
[such]the
unlawful passage.

Sec. 10. NRS 503.175 is
hereby amended to read as follows:

503.175 [It
is unlawful for any person to discharge]Unless
a greater penalty is provided in section 1 of this act, a person who discharges
a firearm from, upon, over or across any federal highway, state highway as
described in NRS 408.285, or main or general county road as designated in NRS
403.170 [.],
is guilty of a misdemeanor.

179.121 1. All
personal property, including any tool, substance, weapon, machine, money or
security, which is used as an instrumentality in the commission of or attempted
commission of the crime of murder, robbery, kidnaping, burglary, grand larceny
or pandering or of a violation of section 1 of this act
or NRS 465.070 to 465.085, inclusive, or section 1 of [this act,]Assembly
Bill No. 329 of this session, is subject to forfeiture.

2. Except as
otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all
conveyances, including aircraft, vehicles or vessels, which are used or
intended for use during the commission of a felony or a violation of NRS
465.070 to 465.085, inclusive, or section 1 of [this
act,]Assembly Bill No. 329 of this
session, are subject to forfeiture except that:

(a) No conveyance used
by any person as a common carrier in the transaction of business as a common
carrier is subject to forfeiture under this section unless it appears that the
owner or other person in charge of the conveyance is a consenting party or
privy to the felony or such violation;

(b) No conveyance is
subject to forfeiture under this section by reason of any act or omission
established by the owner thereof to have been committed or omitted without his
knowledge or consent; and

(c) A forfeiture of a
conveyance encumbered by a bona fide security interest is subject to the
interest of the secured party if he neither had knowledge of nor consented to
the felony. If a conveyance is forfeited the appropriate law enforcement agency
may pay the existing balance and retain the conveyance for official use.

No person, other than the holder of
a community property interest, whose name or interest does not appear on the
certificate of registration or title for the conveyance is a proper party to
any forfeiture proceeding pursuant to this subsection.

Sec. 12. Section 1 of Assembly
Bill No. 823 of this session is hereby amended to read as follows:

Section 1. NRS
202.290 is hereby amended to read as follows:

202.290 Unless
a greater penalty is provided in section 1 of [this
act,]Assembly Bill No. 329 of this
session, a person who [aims]willfully:

1. Aims
any gun, pistol, revolver or other firearm, whether loaded or not, at or toward
any human being [, or who willfully discharges]; or

2. Discharges
any firearm, air gun or other weapon, or throws any deadly missile in a public
place or in any place where any person might be endangered thereby, although [no injury results,]an injury does not result,

AN ACT relating to the state personnel
system; providing that all grievances are subject to adjustment and may be
appealed to the employee-management committee; and providing other matters
properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 284.384 is
hereby amended to read as follows:

284.384 1. The director
shall propose, and the commission shall adopt, regulations which provide for
the adjustment of grievances for which a hearing is not provided by NRS 284.165, 284.376 or 284.390. Any
grievance for which a hearing is not provided by NRS 284.165, 284.376 or
284.390 is subject to adjustment pursuant to this section.

2. The regulations must provide
procedures for:

(a) Consideration and adjustment of the
grievance within the agency in which it arose.

(b) [Submission of
the grievance to the department for review and recommendation if no resolution
is reached within the agency.

(c)] Submission
to the employee-management committee for a final
decision if the employee is still dissatisfied with the resolution of the dispute.

3. The regulations must include
provisions for:

(a) Submitting each proposed resolution of a
dispute which has a fiscal effect to the budget division of the department of
administration for a determination by that division whether the resolution is
feasible on the basis of its fiscal effects; and

(b) Making the resolution binding.

4. Any grievance
which is subject to adjustment pursuant to this section may be appealed to the
employee-management committee for a final decision.

5. As used in this
section, grievance means an act, omission or occurrence which an employee who
has attained permanent status feels constitutes an injustice relating to any
condition arising out of the relationship between an employer and an employee,
including, but not limited to, compensation, working hours, working conditions,
membership in an organization of employees or the interpretation of any law,
regulation or disagreement.

________

κ1989
Statutes of Nevada, Page 1245κ

CHAPTER 582, AB 284

Assembly Bill No.
284Committee on Labor and Management

CHAPTER 582

AN ACT relating to industrial insurance;
allowing an employer who leases real property to agree to insure the owner or
lessor against certain liability; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 616.265 is
hereby amended to read as follows:

616.265 1. [No]Except as
otherwise provided in subsection 2:

(a) A contract of
employment, insurance, relief benefit, indemnity, or any other device, [shall]does not
modify, change or waive any liability created by this chapter.

[2.](b) A contract of employment, insurance, relief
benefit, indemnity, or any other device, having for its purpose the waiver or
modification of the terms or liability created by this chapter [shall be]is
void.

2. Nothing in this
section prevents an owner or lessor or real property from requiring an employer
who is leasing the real property from agreeing to insure the owner or lessor of
the property against any liability for repair or maintenance of the premises.

________

CHAPTER 583, AB 264

Assembly Bill No.
264Committee on Labor and Management

CHAPTER 583

AN ACT relating to unemployment
compensation; changing the method for the reduction of benefits received by a
claimant because of payments received from a pension; and providing other
matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 612.375 is
hereby amended to read as follows:

612.375 1. An unemployed
person is eligible to receive benefits with respect to any week only if the
executive director finds that:

(a) He has registered for work at, and
thereafter has continued to report at, an office of the employment security
department in such a manner as the executive
director [may prescribe,]prescribes, except that the executive director may by
regulation waive or alter either or both of the requirements of this paragraph
for persons attached to regular jobs and in other types of cases or situations
with respect to which he finds that compliance with those requirements would be
oppressive or inconsistent with the purposes of this chapter.

(b) He has made a claim for benefits in accordance
with the provisions of NRS 612.450 and 612.455.

(c) He is able to work, and is available for
work ,[;]
but no claimant may be considered ineligible with respect to any week of
unemployment for failure to comply with the provisions of this paragraph if his
failure is due to an illness or disability which occurs during an uninterrupted
period of unemployment with respect to which benefits are claimed and no work
has been offered the claimant which would have been suitable before the
beginning of the illness and disability. No otherwise eligible person may be
denied benefits for any week in which he is engaged in training approved
pursuant to 19 U.S.C. § 2296 or by the executive director by reason of any
provisions of this chapter relating to availability for work or failure to
apply for, or a refusal to accept, suitable work.

(d) He has within his base period been paid
wages from employers equal to or exceeding 1 1/2 times his total wages for
employment by employers during the quarter of his base period in which his
total wages were highest. If a person fails to qualify for a weekly benefit
amount of one twenty-fifth of his high-quarter wages but can qualify for a
weekly benefit amount of $1 less than one twenty-fifth of his high-quarter
wages, his weekly benefit amount must be $1 less than one twenty-fifth of his
high-quarter wages. No person may receive benefits in a benefit year unless, [subsequent to]after
the beginning of the next preceding benefit year during which he received
benefits, he performed service, whether or not in employment as defined in
this chapter and earned remuneration for that service in an amount equal to not
less than 3 times his basic weekly benefit amount as determined for the next
preceding benefit year.

2. For any week in which a claimant
receives any pension or other payment for retirement, including a governmental
or private pension, annuity or other, similar periodic payment, except as otherwise provided in subsection 3 the amount payable
to the claimant under a plan maintained by a base-period employer or an
employer whose account is chargeable with benefit payments must:

(a) Not be reduced by the amount of the pension
or other payment if [the contributions to the
pension or retirement plan were made entirely by the claimant or by the
claimant and an employer or other person who is neither a base-period employer
nor an employer whose account is chargeable with benefit payments;]the claimant made any contribution to the pension or
retirement plan; or

(b) Be reduced by [half
the proportionate weekly amount of the pension or other payment if at least
half but less than the entire amount of the contributions to the pension or
retirement plan were made by the claimant; or

(c) Be reduced by]
the entire proportionate weekly amount of the pension or other payment if [neither paragraph (a) or (b) applies.]the employer contributed the entire amount to the pension or
retirement plan.

3. The amount of the weekly benefit
payable to a claimant must not be reduced by the pension offset in subsection 2
if the services performed by the claimant during the base period, or the
compensation he received for those services, from that employer did not affect
the claimants eligibility for, or increase the amount of, the pension or other
payment, except for a pension paid pursuant to the Social
Security Act or Railroad Retirement Act of 1974 , [(] or the corresponding
provisions of prior law , [),] which is not eligible for the exclusion provided
in this subsection and is subject to the offset provisions of subsection 2.

paid pursuant to the Social Security Act or Railroad
Retirement Act of 1974 ,[(]
or the corresponding provisions of prior law ,[),] which is not eligible for the
exclusion provided in this subsection and is subject to the offset provisions
of subsection 2.

________

CHAPTER 584, AB 241

Assembly Bill No.
241Committee on Ways and Means

CHAPTER 584

AN ACT making an appropriation to the
division of financial institutions of the department of commerce for the
payment of expenses related to the enhancement of existing data processing
capabilities; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the division of financial
institutions of the department of commerce the sum of $39,989 for the payment
of expenses related to the enhancement of existing data processing
capabilities.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT making an appropriation to the
Clear Creek Youth Center of the department of administration for payment of the
expenses related to the improvement and rehabilitation of facilities; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Clear Creek Youth Center of the
department of administration the sum of $99,892 for the payment of expenses
related to the improvement and rehabilitation of facilities.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT relating to insurance; requiring
certain notice to the insured before proposed cancellation, nonrenewal or
alteration of policy or coverage; requiring the commissioner of insurance to
adopt regulations governing the disclosure of the provisions and limitations of
the policy or coverage; requiring such a disclosure before the issuance of a
policy or evidence of coverage; requiring certain employers to notify employees
of an anticipated nonpayment of the premium for the employees insurance;
requiring certain employers to notify employees of his acceptance or
cancellation of group life, dental or health insurance; requiring that certain
contracts of health insurance provide continuing coverage to an employee on
leave without pay; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 687B of NRS
is hereby amended by adding thereto a new section to read as follows:

An insurer shall not cancel,
fail to renew or renew with altered terms a policy or contract issued pursuant
to chapter 689A, 689B, 695B, 695C or 695D of NRS unless notice in writing of
the proposal is given to the insured at least 60 days before the date the
proposed action becomes effective. The notice must include, without limitation,
any changes in specific rates by line of coverage.

Sec. 2. Chapter 689A of NRS
is hereby amended by adding thereto the provisions set forth as sections 3 and
4 of this act.

Sec. 3. 1. The commissioner shall adopt regulations which
require an insurer to file with the commissioner, for his approval, a disclosure
summarizing the coverage provided by each policy of health insurance offered by
the insurer. The disclosure must include:

(a) Any significant
exception, reduction or limitation that applies to the policy; and

(b) Any other
information,

that the commissioner finds necessary
to provide for full and fair disclosure of the provisions of the policy.

2. The disclosure
must be written in language which is easily understood and must include a
statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine
the governing contractual provisions.

only, and that the policy itself
should be read to determine the governing contractual provisions.

3. The
commissioner shall not approve any proposed disclosure submitted to him
pursuant to this section which does not comply with the requirements of this
section and the applicable regulations.

Sec. 4. An insurer shall provide each person to whom it offers a
policy of health insurance with a copy of the disclosure approved for that
policy pursuant to section 2 of this act before the policy is issued. An
insurer shall not offer a policy of health insurance unless the disclosure for
that policy has been approved by the commissioner.

Sec. 5. Chapter 689B of NRS
is hereby amended by adding thereto the provisions set forth as sections 6, 7
and 8 of this act.

Sec. 6. 1. The commissioner shall adopt regulations which
require an insurer to file with the commissioner, for his approval, a disclosure
summarizing the coverage provided by each policy of group health insurance
offered by the insurer. The disclosure must include:

(a) Any significant
exception, reduction or limitation that applies to the policy; and

(b) Any other
information,

that the commissioner finds necessary
to provide for full and fair disclosure of the provisions of the policy.

2. The disclosure
must be written in language which is easily understood and must include a
statement that the disclosure is a summary of the policy only, and that the
policy itself should be read to determine the governing contractual provisions.

3. The commissioner
shall not approve any proposed disclosure submitted to him pursuant to this
section which does not comply with the requirements of this section and the
applicable regulations.

Sec. 7. An insurer shall provide to the group policyholder to whom it
offers a policy of group health insurance a copy of the disclosure approved for
that policy pursuant to section 6 of this act before the policy is issued. An
insurer shall not offer a policy of health insurance unless the disclosure for
that policy has been approved by the commissioner.

Sec. 8. Chapter 689B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. As used in this
section, total disability and totally disabled mean the continuing
inability of the employee or member, because of an injury or illness, to
perform substantially the duties related to his employment for which he is
otherwise qualified.

2. No group policy
of health insurance may be delivered or issued for delivery in this state
unless it provides continuing coverage for an employee or member of the insured
group, and his dependents who are otherwise covered by the policy, while the
employee or member is on leave without pay as a result of a total disability.
The coverage must be for any injury or illness suffered by the employee or
member which is not related to the total disability or for an injury or illness
suffered by his dependent. The coverage for such injury or illness must be
equal to or greater than the coverage otherwise provided by the policy.

(a) The date on which the
employment of the employee or member is terminated;

(b) The date on which the
employee or member obtains another policy of health insurance;

(c) The date on which the
group policy of health insurance is terminated; or

(d) After a period of 12
months in which benefits under such coverage are provided to the employee or
member,

whichever occurs first.

Sec. 9. NRS 689B.063 is
hereby amended to read as follows:

689B.063 1. When
a policy of group insurance is primary, its benefits are determined before
those of another policy and the benefits of another policy are not considered.
When a policy of group insurance is secondary, its benefits are determined
after those of another policy. Secondary benefits may not be reduced because of
benefits under the primary policy. When there are more than two policies, a
policy may be primary as to one and may be secondary as to another.

2. As used in this
section, a policy of group insurance includes Medicare.

Sec. 10. NRS 689B.120 is
hereby amended to read as follows:

689B.120 1. [All]Except as
otherwise provided in subsection 3, all policies of group health
insurance delivered or issued for delivery in this state providing for
hospital, surgical or major medical expense insurance, or any combination of
these coverages, on an expense-incurred basis must contain a provision that the
employee or member is entitled to have issued to him by the insurer a policy of
health insurance when the employee or member is no longer covered by the group
policy.

2. The requirement in subsection 1 does
not apply to policies providing benefits only for specific diseases or
accidental injuries, and it applies to other policies only if:

(a) The termination of coverage under the group
policy is not due to termination of the group policy itself unless the
termination of the group policy has resulted from failure of the policyholder
to remit the required premiums;

(b) The termination is not due to failure of the
employee or member to remit any required contributions;

(c) The employee or member has been continuously
insured under any group policy of the employer for at least 3 consecutive
months immediately before the termination; and

(d) The employee or member applies in writing
for the converted policy and pays his first premium to the insurer no later
than 31 days after the termination.

3. If an employee
or member was a recipient of benefits under the coverage provided pursuant to
section 8 of this act, he is not entitled to have issued to him by a
replacement insurer a policy of health insurance unless he has reported for his
normal employment for a period of 90 consecutive days after last being eligible
to receive any benefits under the coverage provided pursuant to section 8 of
this act.

Sec. 11. Chapter 695A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. As used in this
section, total disability and totally disabled mean the continuing
inability of the member, because of an injury or illness, to perform
substantially the duties related to his employment for which he is otherwise
qualified.

2. No certificate
of health insurance may be delivered or issued for delivery in this state
unless it provides continuing coverage for a member, and his dependents who are
otherwise covered by the policy, while the member is on leave without pay as a
result of a total disability. The coverage must be for any injury or illness
suffered by the member which is not related to the total disability or for any
injury or illness suffered by his dependent. The coverage for such injury or
illness must be equal or greater than the coverage otherwise provided by the
policy.

(b) The date on which the
member obtains another policy of health insurance;

(c) The date on which the
certificate of health insurance is terminated; or

(d) After a period of 12
months in which benefits under such coverage are provided to the member,

whichever occurs first.

Sec. 12. Chapter 695B of NRS
is hereby amended by adding thereto the provisions set forth as sections 13, 14
and 15 of this act.

Sec. 13. 1. The commissioner shall adopt regulations which
require an insurer to file with the commissioner, for his approval, a
disclosure summarizing the coverage provided by each contract for hospital or
medical service offered by the insurer. The disclosure must include:

(a) Any significant
exception, reduction or limitation that applies to the contract; and

(b) Any other
information,

that the commissioner finds necessary
to provide for full and fair disclosure of the provisions of the contract.

2. The disclosure
must be written in language which is easily understood and must include a
statement that the disclosure is a summary of the contract only, and that the
contract itself should be read to determine the governing contractual
provisions.

3. The
commissioner shall not approve any proposed disclosure submitted to him
pursuant to this section which does not comply with the requirements of this
section and the applicable regulations.

Sec. 14. An insurer shall provide to the group policyholder to whom it
offers a contract for hospital or medical service a copy of the disclosure
approved for that contract pursuant to section 13 of this act before the
contract is issued. An insurer shall not offer a contract for hospital or
medical service unless the disclosure for that contract has been approved by
the commissioner.

Sec. 15. 1. As used in this section, total disability
and totally disabled mean the continuing inability of the employee or member,
because of an injury or illness, to perform
substantially the duties related to his employment for which he is otherwise qualified.

an injury or illness, to perform
substantially the duties related to his employment for which he is otherwise
qualified.

2. No group subscriber
contract for hospital, medical or dental service may be delivered or issued for
delivery in this state unless it provides continuing coverage for an employee
or member and his dependents who are otherwise covered by the policy while the
employee or member is on leave without pay as a result of total disability. The
coverage must be for any injury or illness suffered by the employee or member
which is not related to the total disability or for any injury or illness
suffered by his dependent. The coverage for such injury or illness must be
equal to or greater than the coverage otherwise provided by the policy.

(a) The date on which the
employment of the employee or member is terminated;

(b) The date on which the
employee or member obtains another policy of health insurance;

(c) The date on which the
group subscriber contract is terminated; or

(d) After a period of 12
months in which benefits under such coverage are provided to the employee or
member,

whichever occurs first.

Sec. 16. NRS 695B.251 is
hereby amended to read as follows:

695B.251 1. [All]Except as
otherwise provided in subsection 3, all group subscriber contracts
delivered or issued for delivery in this state providing for hospital, surgical
or major medical coverage, or any combination of these coverages, on a service
basis or an expense-incurred basis, or both, must contain a provision that the
employee or member is entitled to have issued to him a subscriber contract of
health coverage when the employee or member is no longer covered by the group
subscriber contract.

2. The requirement in subsection 1 does
not apply to contracts providing benefits only for specific diseases or
accidental injuries, and it applies to other contracts only if:

(a) The termination of coverage under the group
contract is not due to termination of the group contract itself unless the
termination of the group contract has resulted from failure of the contract
holder or agent, or both, to remit the required premiums;

(b) The termination is not due to failure of the
employee or member to remit any required contributions;

(c) The employee or member has been continuously
covered under the group contract for at least 3 consecutive months immediately
before the termination; and

(d) The employee or member applies in writing
for the converted contract and pays his first premium to the medical service
corporation no later than 31 days after the termination.

3. If an employee
or member was a recipient of benefits under the coverage provided pursuant to
section 15 of this act, he is not entitled to have issued to him by a
replacement insurer a subscriber contract of health coverage unless he has
reported for his normal employment for a period of 90 consecutive days after
last being eligible to receive any benefits under the coverage provided
pursuant to section 15 of this act.

Sec. 17. Chapter 695C of NRS
is hereby amended by adding thereto the provisions set forth as sections 18, 19
and 20 of this act.

Sec. 18. 1. The commissioner shall adopt regulations which
require a health maintenance organization to file with the commissioner, for
his approval, a disclosure summarizing the coverage provided by each health
care plan offered by the health maintenance organization. The disclosure must
include:

(a) Any significant
exception, reduction or limitation that applies to the plan; and

(b) Any other
information,

that the commissioner finds necessary
to provide for full and fair disclosure of the provisions of the plan.

2. The disclosure
must be written in language which is easily understood and must include a
statement that the disclosure is a summary of the plan only, and that the
evidence of coverage itself should be read to determine the governing
contractual provisions.

3. The
commissioner shall not approve any proposed disclosure submitted to him
pursuant to this section which does not comply with the requirements of this
section and the applicable regulations.

Sec. 19. A health maintenance organization shall provide to the group
policyholder to whom it offers a health care plan a copy of the disclosure
approved for that plan pursuant to section 18 of this act before the plan is
issued. A health maintenance organization shall not offer a health care plan
unless the disclosure for that plan has been approved by the commissioner.

Sec. 20. 1. As used in this section, total disability
and totally disabled mean the continuing inability of the enrollee, because
of an injury or illness, to perform substantially the duties related to his
employment for which he is otherwise qualified.

2. No policy of
group insurance to which an enrollee is entitled under a health care plan
provided by a health maintenance organization may be delivered or issued for
delivery in this state unless it provides continuing coverage for an enrollee
and his dependents who are otherwise covered by the policy while the enrollee
is on leave without pay as a result of a total disability. The coverage must be
for any injury or illness suffered by the enrollee which is not related to the
total disability or for any injury or illness suffered by his dependent. The
coverage must be equal to or greater than the coverage otherwise provided by
the policy.

(a) Provide coverage for all persons who were
covered under the previous policy or coverage on the date it was discontinued;
and

(b) Except as otherwise provided in subsection
2, provide benefits which are at least as extensive as the benefits provided by
the previous policy or coverage, except that benefits may be reduced or
excluded to the extent that such a reduction or exclusion was permissible under
the terms of the previous policy or coverage,

if that plan is issued within 60 days after the date on
which the previous policy or coverage was discontinued.

2. If an employer obtains a replacement
plan pursuant to subsection 1 to cover his employees, any benefits provided by
the previous policy or coverage may be reduced if notice of the reduction is
given to his employees pursuant to NRS 608.1577.

3. Any health maintenance organization
which issues a replacement plan pursuant to subsection 1 may submit a written
request to the insurer which provided the previous policy or coverage for a
statement of benefits which were provided under that policy or coverage. Upon
receiving such a request, the insurer shall give a written statement to the
organization indicating what benefits were provided and what exclusions or
reductions were in effect under the previous policy or coverage.

4. If an employee
or enrollee was a recipient of benefits under the coverage provided pursuant to
section 20 of this act, he is not entitled to have issued to him by a health
maintenance organization a replacement plan unless he has reported for his
normal employment for a period of 90 consecutive days after last being eligible
to receive any benefits under the coverage provided pursuant to section 20 of
this act.

5. The
provisions of this section apply to a self-insured employer who provides health
benefits to his employees and replaces those benefits with a group health care
plan issued by a health maintenance organization.

Sec. 22. Chapter 695D of NRS
is hereby amended by adding thereto the provisions set forth as sections 23 and
24 of this act.

Sec. 23. 1. The commissioner shall adopt regulations which
require an organization for dental care to file with the commissioner, for his
approval, a disclosure summarizing the coverage provided by each plan for
dental care offered by the organization for dental care. The disclosure must
include:

(a) Any significant
exception, reduction or limitation that applies to the plan; and

(b) Any other
information,

that the commissioner finds necessary
to provide for full and fair disclosure of the provisions of the plan.

2. The disclosure
must be written in language which is easily understood and must include a
statement that the disclosure is a summary of the policy only, and that the
policy itself should be read to determine the governing contractual provisions.

3. The
commissioner shall not approve any proposed disclosure submitted to him
pursuant to this section which does not comply with the requirements of this
section and the applicable regulations.

Sec. 24. An organization for dental care shall provide to the group
policyholder to whom it offers a plan for dental care a copy of the disclosure approved for that plan pursuant to section 23 of this act
before the policy is issued.

approved for that plan pursuant to
section 23 of this act before the policy is issued. An organization for dental
care shall not offer a plan for dental care unless the disclosure for that plan
has been approved by the commissioner.

Sec. 25. NRS 608.1577 is
hereby amended to read as follows:

608.1577 1. An employer must notify his employees of his intent to accept
a policy of group life, dental or health insurance which covers the employees.

2. If an
employer is the policyholder of a policy of group life ,
dental or health insurance which covers his employees, he shall notify
the employees of:

(a) Any termination,
reduction or substantial modification of benefits under the policy; and

(b) Any change of insurer.

[2. The]

3. If an employer
is the policyholder or contract holder under a policy or contract issued
pursuant to chapter 689B, 695B, 695C or 695D of NRS which provides benefits for
his employees, he shall, if applicable, notify the employees of:

(a) His inability to pay
a premium when due; and

(b) His intention to stop
paying premiums.

4. Any
notice required pursuant to this section must be:

(a) Given at least [10]15 days before the:

(1) Acceptance of,
change in or termination of benefits or insurers;
or

(2) Next unpaid premium
is due; and

(b) Conspicuously posted at the place of
employment or given in another manner which ensures that all employees will
receive the information.

Sec. 26. 1. This
section and sections 1, 2, 3, 5, 6, 8 to 13, inclusive, 15 to 18, inclusive, 20
to 23, inclusive, and 25 of this act become effective on July 1, 1989. The
commissioner of insurance shall adopt regulations required by sections 3, 6,
13, 18 and 23 of this act on or before October 1, 1989.

2. Section 4 of this act becomes
effective January 1, 1990, and applies to any policy of health insurance
offered or issued on or after January 1, 1990.

3. Section 7 of this act becomes
effective January 1, 1990, and applies to any policy of group health insurance
offered or issued on or after January 1, 1990.

4. Section 14 of this act becomes
effective January 1, 1990, and applies to any contract for hospital or medical
service offered or issued on or after January 1, 1990.

5. Section 19 of this act becomes
effective January 1, 1990, and applies to any health care plan offered or
issued on or after January 1, 1990.

6. Section 24 of this act becomes
effective January 1, 1990, and applies to any health care plan offered or
issued on or after January 1, 1990.

________

κ1989
Statutes of Nevada, Page 1256κ

CHAPTER 587, AB 88

Assembly Bill No.
88Assemblymen Myrna Williams, Lambert and Kissam

CHAPTER 587

AN ACT relating to local governmental
finances; creating the fund to finance the construction of treatment works and
the implementation of pollution control projects; authorizing an alternative
method of borrowing money or purchasing or leasing property for local
governments; authorizing certain local governments to invest money in certain
obligations of local governments; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 445 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
22, inclusive, of this act.

Sec. 2. 1. The legislature finds that:

(a) The construction,
rehabilitation, operation and maintenance of modern and efficient treatment
works and other pollution control projects are essential for the protection and
improvement of the waters of this state and the public health of the residents
of this state; and

(b) The protection of the
waters of this arid state justifies the states participation and assistance in
a program which provides long-term financing to aid municipalities and
interstate agencies in the construction of treatment works and the
implementation of pollution control projects. The provisions of sections 2 to
22, inclusive, of this act shall be liberally construed to carry out the
purposes of the act.

2. The legislature
declares that the creation of a fund to finance the construction of treatment
works and the implementation of pollution control projects will enable the
state to receive its maximum share of the federal money available pursuant to
the Federal Water Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and
ensure that the municipalities in this state and interstate agencies receive
federal money for treatment works and programs for the control of pollution.

3. The legislature
finds and declares that any general obligation bonds or revenue bonds issued
pursuant to section 19 of this act are necessary for the protection and
preservation of the natural resources of this state and for the purpose of
obtaining the benefits thereof, and constitutes an exercise of the authority
conferred by the second paragraph of section 3 of article 9 of the constitution
of the State of Nevada.

Sec. 3. As used in sections 2 to 22, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 4 to
12, inclusive, of this act have the meanings ascribed to them in those
sections.

Sec. 4. Commission means the state environmental commission.

Sec. 5. Construction means any:

1. Preliminary
planning to determine the feasibility of treatment works or pollution control
projects;

3. Other necessary
actions including the erection, building, acquisition, alteration, remodeling,
improvement or extension of treatment works or pollution control projects, or
the inspection or supervision of any item set forth in this section.

Sec. 6. Department means the state department of conservation and
natural resources.

Sec. 7. Director means the director of the state department of
conservation and natural resources.

Sec. 8. Fund means the fund to finance the construction of treatment
works and the implementation of pollution control projects created in section
13 of this act.

Sec. 9. Interstate agency has the meaning ascribed to it in NRS
445.161.

Sec. 10. Municipality has the meaning ascribed to it in NRS 445.166.

Sec. 11. Pollution control project means any eligible component of
the management programs established pursuant to 33 U.S.C. §§ 1251 et seq. The
term pollution control project is synonymous with the term non-point source
control project as that term is used in 33 U.S.C. § 1329.

Sec. 12. Treatment works has the meaning ascribed to it in NRS
445.186.

Sec. 13. 1. The fund to finance the construction of
treatment works and the implementation of pollution control projects is hereby
created.

2. The money in
the fund must be used only for the purposes set forth in 33 U.S.C. §§ 1381 et
seq.

3. All claims
against the fund must be paid as other claims against the state are paid.

4. The faith of
the state is hereby pledged that the money in the fund will not be used for
purposes other than those authorized by 33 U.S.C. §§ 1381 et seq.

Sec. 14. 1. The interest and income earned on money in the
fund must be credited to the fund.

2. All payments of
principal and interest on all loans made to a municipality or interstate agency
and all proceeds from the sale, refunding or prepayment of obligations of a
municipality or interstate agency acquired or loans made in carrying out the
purposes of the fund must be deposited in the state treasury for credit to the
fund.

3. The department
may accept gifts, grants and bequests of money from any public or private
source. The money must be deposited in the state treasury for credit to the
fund.

Sec. 15. 1. The department shall, with the approval of the
department of administration:

(a) Use the money in the
fund for the purposes set forth in 33 U.S.C. §§ 1381 et seq.

(b) Determine whether
publicly owned treatment works which receive money or other assistance from the
fund comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.

2. The department
may, with the approval of the department of administration:

(a) Enter into an agreement
with the Federal Government for the acceptance of grants of money for the fund.

(b) Provide services
relating to the preparation of any plan or report concerning the fund.

Sec. 16. The commission shall adopt regulations to carry out the
provisions of sections 2 to 22, inclusive, of this act.

Sec. 17. 1. Except as otherwise provided in section 18 of
this act, money in the fund may be used only to:

(a) Make loans at or
below the market rate to municipalities or interstate agencies for the construction
of treatment works and the implementation of pollution control projects.

(b) Buy or refinance at
or below the market rate the debt obligations of municipalities or interstate
agencies if:

(1) The project
for which the obligations were incurred meets the requirements of 33 U.S.C. §§
1251 et seq.; and

(2) The debt
obligations were incurred and construction of the project began after March 7,
1985.

(c) Guarantee or purchase
insurance for local obligations if such action would improve access to the
credit markets or reduce the rate of interest.

(d) Secure the sale of
bonds issued by the state if the net proceeds from the sale of those bonds are
deposited in the fund.

2. A municipality
or interstate agency which requests a loan or other financial assistance must
demonstrate that it has complied with the provisions of 33 U.S.C. §§ 1381 et
seq.

Sec. 18. 1. The director shall not:

(a) Spend more than 4
percent of each grant awarded to administer the fund; or

(b) Use any money
generated pursuant to section 20 of this act for the costs of administering the
fund unless authorized by the legislature.

2. The director
may, with the approval of the department of administration, impose and collect
a fee from each municipality or interstate agency which receives a loan or
other financial assistance from the fund. The fee must be used to defray the
costs of administering the fund.

3. If the director
imposes a fee, the commission shall adopt regulations establishing the amount
of the fee required to be collected pursuant to subsection 2.

Sec. 19. The director may, with the approval of the department of
administration, employ any legal, fiscal or other expert services necessary to
carry out his duties pursuant to sections 2 to 22, inclusive, of this act.

Sec. 20. 1. The director may, with the approval of the
department of administration, authorize the state treasurer to issue, sell or
deliver general obligation bonds of the state or revenue bonds if viable to
support the purposes of the fund.

2. If the director
authorizes the issuance of those bonds, the state treasurer may:

(a) Sue and be sued to
establish or enforce any right arising out of a project receiving financial
assistance or of any state securities issued pursuant to this authorization;

(b) Acquire and hold
municipal securities, and exercise all of the rights of holders of those
securities;

(c) Sell or otherwise
dispose of municipal securities and assets acquired in connection with those
securities, unless limited by any agreement which relates to the securities;

(d) Make contracts and
execute all necessary or convenient instruments;

(e) Accept grants of
money from the Federal Government, the state, any agency or political
subdivision, or any other person;

(f) Adopt regulations
relating to projects receiving financial assistance and the administration of
those projects;

(g) Employ for himself or
for any municipality or interstate agency, any necessary legal, fiscal,
engineering and other expert services in connection with projects receiving
financial assistance with the authorization, sale and issuance of state
securities and municipal securities;

(h) Enter into agreements
and arrangements consistent with sections 2 to 22, inclusive, of this act
concerning the issuance of state securities and the purchase of municipal
securities; and

(i) Undertake other
matters which he determines to be necessary or desirable to accomplish the
purposes of sections 2 to 22, inclusive, of this act.

3. Before any
bonds are issued pursuant to this section, the state board of examiners must
certify that sufficient revenue will be available in the fund to pay the
interest and installments of principal as they become due.

4. The money in
the fund that is available for the payment of the interest and installments of
principal on the bonds must be pledged as the primary source for the payment of
the bonds. The full faith and credit of the state may be pledged.

2. Each
municipality or interstate agency which receives money from the fund shall
prepare an environmental assessment which complies with the regulations adopted
by the commission and submit it to the department for review.

3. The department
shall review each such assessment.

Sec. 22. Chapter 354 of NRS
is hereby amended by adding a new section to read as follows:

1. A local
government may borrow money or purchase or lease property or facilities from a
nonprofit corporation or trustee in conjunction with one or more other local
governments, and in connection therewith may sell or lease property or
facilities to the nonprofit corporation or trustee, in each case with such
maturity, term, payment, security, pledge, default, remedy, prepayment,
redemption, interest rate and other terms or provisions as may be specified in
the loan, loan purchase, installment sale, lease or other agreement or note
entered into by the local government for that purpose if:

(a) Each participating
local government determines that it will benefit from economies of scale in
borrowing money or purchasing or leasing property in conjunction with one or
more other local governments pursuant to this section; and

(b) In the case of
borrowing to finance operations and other noncapital purposes, the amount
borrowed and the interest payable thereon, at the initial interest rate if
interest is variable, does not exceed 85 percent of the estimated amount of
uncollected taxes, income, revenue, cash receipts and other money of the local
government which will be available during the term of the agreement for the
repayment of the loan and the interest thereon. As used in this paragraph,
revenue includes, without limitation, federal and state money received by the
local government.

2. A local
government may enter into an agreement for liquidity or credit enhancement,
with such reimbursement, term, payment, security, pledge, default, remedy,
interest rate and other terms, and may invest the proceeds of any borrowing,
sale or lease under this section or any certificates of participation therein
and any money pledged or set aside for the payment or security thereof in such
securities or obligations, as the local government deems necessary or
appropriate in connection with any borrowing, sale or lease pursuant to this
section. A local government may also do all things and execute all documents
that may be necessary or desirable in connection with the issuance of
certificates of participation, or other interests, in any loan, note,
installment sale, lease or other agreement of the local government entered into
pursuant to this section or otherwise necessary to effectuate the purposes of
this section, and may authorize a nonprofit corporation or trustee to act as
its agent for purposes of entering into any trust, liquidity, credit,
investment or other agreement in connection with financing pursuant to this
section.

3. This section
provides a complete, additional and alternative method for accomplishing the
acts authorized by this section and must be liberally construed to accomplish
its purposes.

4. As used in this
section, local government has the meaning ascribed to it in NRS 354.474.

Sec. 23. NRS 355.170 is
hereby amended to read as follows:

355.170 1. Except as otherwise provided in subsection 2 [,]and section 22
of this act, a board of county commissioners or the governing body of an
incorporated city may purchase for investment the following securities and no
others:

(a) Bonds and debentures of the United States,
the maturity dates of which do not extend more than 10 years from the date of
purchase.

(f) Securities which have been expressly
authorized as investments for local governments or agencies, as defined in NRS
354.474, by any provision of Nevada Revised Statutes or by any special law.

(g) Subject to the limitations contained in NRS
355.177, negotiable notes or short-time negotiable bonds issued by local
governments of the State of Nevada pursuant to NRS 354.440.

(h) Bankers acceptances of the kind and
maturities made eligible by law for rediscount with Federal Reserve Banks, and
generally accepted by banks or trust companies which are members of the Federal
Reserve System. Eligible bankers acceptances may not exceed 180 days
maturity. Purchases of bankers acceptances may not exceed 10 percent of the
money available to a local government for investment.

(i) Obligations of state
and local governments if:

(1) The interest
on the obligation is exempt from gross income for federal income tax purposes;
and

(2) The obligation
has been rated A or higher by one or more nationally recognized bond credit
rating agencies.

2. The securities described in paragraphs
(a), (b) and (c) of subsection 1 may be purchased when, in the opinion of the
board of county commissioners or the governing body of the city, there is
sufficient money in any fund of the county or city to purchase those securities
and the purchase will not result in the impairment of the fund for the purposes
for which it was created.

3. When the board of county commissioners
or governing body of the city has determined that there is available money in
any fund or funds for the purchase of bonds as set out in subsection 1, those
purchases may be made and the bonds paid for out of any one or more of the
funds, but the bonds must be credited to the funds in the amounts purchased,
and the money received from the redemption of the bonds, as and when redeemed,
must go back into the fund or funds from which the purchase money was taken
originally.

4. Any interest earned on money invested
pursuant to subsection 2, may, at the discretion of the board of county
commissioners or governing body of the city, be credited either to the fund
from which the principal was taken or to the general fund of the county or
incorporated city.

5. The board of county commissioners or
governing body of an incorporated city may invest any money apportioned into
funds and not invested pursuant to subsection 2 and any money not apportioned
into funds in bills and notes of the United States Treasury, the maturity date
of which is not more than 1 year from the date of investment. These investments
must be considered as cash for accounting purposes, and all the interest earned
on them must be credited to the general fund of the county or incorporated
city.

6. This section does not authorize the
investment of money administered pursuant to a contract, debenture agreement or
grant in a manner not authorized by the terms of the contract, agreement or
grant.

AN ACT making an appropriation to the
state department of conservation and natural resources for support of the
division of water planning; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the state department of
conservation and natural resources for support of the division of water
planning:

For the fiscal year 1989-90............................................................................. $243,958

For the fiscal year 1990-91............................................................................. $240,319

Sec. 2. Any balance of the
sums appropriated by section 1 of this act remaining at the end of the
respective fiscal years must not be committed for expenditure after June 30 and
reverts to the state general fund as soon as all payments of money committed
have been made.

AN ACT relating to financial
responsibility for the operation of a motor vehicle; revising the provisions
requiring a selected sample for verification of insurance coverage; requiring
the department of motor vehicles and public safety to verify subsequent
liability insurance on all vehicles for which it receives a notice that
coverage for the vehicle has terminated; and providing other matters properly
relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 485.383 is
hereby amended to read as follows:

485.383 1. The department
shall annually [select a sample of not less than
10 percent of all registered owners:

(a) All registered owners
concerning whom the department has been notified pursuant to NRS 690B.023 that
a contract of insurance as security was previously terminated [pursuant to NRS 690B.023; or

(b) In]; and

(b) A sample of not more
than 5 percent of all registered owners in this state, except registered
owners of motorcycles and motor homes, on which the security is a contract of
insurance .[, for
verification of liability insurance.]

2. The department shall mail a form for
verification to [the registered owner selected
for verification of insurance.]each such
registered owner. The owner shall complete the form with all the
information which is requested by the department, including whether he carries
an owners or operators policy of liability insurance, and return the
completed form within 15 days after the date on which the form was mailed by
the department.

3. When the department receives a
completed form for verification it shall mail the form to the named insurer.

4. Upon receipt of a form for
verification of insurance from the department, the insurer shall verify the
information on the form and return it to the department only if the insurer did
not have a contract of insurance as indicated on the form by the registered
owner.

5. The department shall suspend the
registration of the vehicle and require the return to the department of the
license plates of any vehicle for which a form for verification is:

(a) Not returned to the department by the
registered owner within 15 days;

(b) Returned by the insurer with a denial of
coverage; or

(c) Returned by the owner with an admission of
no coverage or without indicating an insurer or the number of a policy.

6. If an owner who did not return a
completed form for verification within the specified period:

(a) Proves to the satisfaction of the department
that there was a justifiable cause for his failure to do so;

(b) Submits a completed form regarding his
insurance on the date [he was selected pursuant
to subsection 1;]stated in the form
mailed by the department pursuant to subsection 2; and

(c) Presents evidence of current insurance,

the department shall rescind its suspension of the registration
and mail the completed form to the named insurer. Upon receipt of the form from
the department, the insurer shall verify the information on the form and return
it to the department only if the insurer did not have a contract of insurance
on the date [he was selected pursuant to
subsection 1.]stated in the form for
verification. If the form is returned by the insurer with a denial of
such coverage, the department shall suspend the registration and require the
return of the license plates.

7. Except as otherwise provided in
subsection 11, the department shall reinstate the registration of a vehicle and
reissue the license plates only upon filing by the registered owner of proof of
financial responsibility for a period of 3 years.

8. A denial of coverage, signed by an
officer or agent of an insurer, is prima facie evidence of a false
certification.

9. If the department believes a person
has violated the provisions of NRS 485.185, it shall notify the district
attorney of the county in which the person resides.

10. An insurer, its agents, the
department and its employees who act pursuant to this section in good faith and
without gross negligence are immune from civil liability for those acts.

11. If a registered owner proves to the
satisfaction of the department that his vehicle was not used in this state for
a 30-day period, including the date [on which the
sample was taken,]about which the
department was inquiring, the department shall not require him to file
proof of financial responsibility as a prerequisite to reinstating his
registration and reissuing his license plates.

________

CHAPTER 590, SB 539

Senate Bill No.
539Committee on Judiciary

CHAPTER 590

AN ACT relating to gaming; clarifying what
constitutes effective notice of a decision that resolves a dispute involving a
patron of a gaming establishment; revising the provision concerning judicial
review of the decision; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 463.362 is
hereby amended to read as follows:

463.362 1. Whenever a
licensee refuses payment of alleged winnings to a patron, the licensee and the
patron are unable to resolve the dispute to the [patrons]
satisfaction of the patron and the dispute
involves:

(a) At least $500, the licensee shall
immediately notify the board; or

(b) Less than $500, the licensee shall inform
the patron of his right to request that the board conduct an investigation.

The board, through an agent, shall conduct whatever
investigation it deems necessary and shall determine whether payment should be
made.

2. The [boards]
agent of the board shall mail written notice to
the board, the licensee and the patron of his decision resolving the dispute [, return receipt requested,] within 30
days after the date [when] the
board first [received]receives notification from the licensee or a request to
conduct an investigation from the patron.

3. Failure to notify the board or patron
as provided in subsection 1 is grounds for disciplinary action pursuant to NRS
463.310 to 463.3145, inclusive.

4. The decision of the [boards] agent of
the board is effective on the date the aggrieved party receives notice
of the decision. The date of receipt is presumed to be the date specified on
the return receipt.

5. Notice of the
decision of the agent of the board shall be deemed sufficient if it is mailed
to the last known address of the licensee and patron. The date of mailing may
be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was
mailed.

employee of the board which specifies
the time the notice was mailed. The notice is presumed to have been received by
the licensee or the patron 5 days after it is deposited with the United States
Postal Service with the postage thereon prepaid.

Sec. 2. NRS 463.363 is
hereby amended to read as follows:

463.363 1. Within 20 days
after the date of receipt of the [agents]
written decision [,]of the agent, the aggrieved party may file a petition
with the board requesting a hearing to reconsider the decision. [The date of receipt is presumed to be the date
specified on the return receipt.]

2. The petition must set forth the basis
of the request for reconsideration.

3. If no petition for reconsideration is
filed within the time prescribed in subsection 1, the decision shall be deemed
final action on the matter and is not subject to reconsideration by the board
or to review by the commission or any court.

4. The party requesting the hearing must
provide a copy of the petition to the other party.

5. Within 15 days after service of the
petition, the responding party may answer the allegations contained therein by
filing a written response with the board.

6. The board shall schedule a hearing and
may conduct the hearing as provided in subsection 4 of NRS 463.110, except that
notice of the date, time and place of the hearing must be provided by the board
to both parties.

7. The hearing must be conducted in
accordance with NRS 463.3125, 463.313, 463.3136 and 463.314, subsection 4 of
NRS 463.312 and subsection 2 of NRS 463.3133, except that the board must be
substituted for the commission.

Sec. 3. NRS 463.3662 is
hereby amended to read as follows:

463.3662 1. Any person
aggrieved by a final decision or order of the board made after hearing by the
board pursuant to NRS 463.361 to 463.366, inclusive, may obtain a judicial
review thereof in the district court of the county in which the [petitioner resides or has his or its principal place
of business.]dispute between the licensee
and patron arose.

2. The judicial review must be instituted
by filing a petition within 20 days after the effective date of the final
decision or order. The petition must set forth the order or decision appealed
from and the grounds or reasons why petitioner contends a reversal or
modification should be ordered.

3. Copies of the petition must be served
upon the board and all other parties of record, or their counsel of record,
either personally or by certified mail.

4. The court, upon a proper showing, may
permit other interested persons to intervene as parties to the appeal or as
friends of the court.

5. The filing of the petition does not
stay enforcement of the decision or order of the board, but the board itself
may grant a stay upon such terms and conditions as it deems proper.

________

κ1989
Statutes of Nevada, Page 1266κ

CHAPTER 591, SB 528

Senate Bill No.
528Committee on Government Affairs

CHAPTER 591

AN ACT relating to the state personnel
system; clarifying the exceptions to the requirement that appointments in the
classified service be filled by competition; ratifying certain appointments
made without competition; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 284.305 is
hereby amended to read as follows:

284.305 [Positions]

1. Except as
otherwise provided in subsection 2, positions in the classified service
may be filled without competition only as provided in NRS 284.155, 284.307,
284.309, 284.310, 284.315, 284.320 [and 284.325.], 284.325, 284.327, 284.330, 284.375, and 284.3775.

2. The director
may adopt regulations which provide for filling positions in the classified
service without competition in cases involving:

(a) The demotion of a
current employee;

(b) The reemployment of a
current or former employee who was or will be adversely affected by layoff,
military service or reclassification; or

(c) The reappointment of
a current employee

Sec. 2. Any appointment made
without competition pursuant to NRS 284.327, 284.330, 284.375 or 284.3775 or
subsection 2 of NRS 284.305, as added by section 1 of this act, which was
effective before the effective date of this act is hereby ratified.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 592, SB 507

Senate Bill No.
507Committee on Finance

CHAPTER 592

AN ACT relating to public employees
retirement; authorizing the public employees retirement board to contract for
a comprehensive study of health care benefits provided to retired public
employees; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. The
public employees retirement board shall conduct a comprehensive study of
health care benefits provided to retired public employees and report on the
progress and findings of the study at each meeting of the interim retirement
committee of the legislature. A final report of the study must be submitted to
the 66th session of the Nevada Legislature.

(a) A detailed review of the health care
benefits currently provided to or purchased by retired public employees,
including the extent of coverage under Medicare.

(b) An evaluation of alternative methods of
providing health care benefits and delivering health care services to such
employees.

(c) A determination of the cost and actuarial
liabilities, based on the characteristics of all persons who are members of or
receive allowances from the public employees retirement system, for each
alternative method of providing health care benefits, including projections of
the annual cost to public employers and retired employees for each of the next
10 years.

(d) An analysis of the amendments to Medicare
contained in the Medicare Catastrophic Protection Act of 1988, and an
evaluation of the effects of that Act on the economic status of retired
employees covered under Medicare.

(e) Recommendations regarding the most
appropriate design, including specific benefits to be provided and cost management
provisions to be included, in any proposed plan of health benefits for retired
public employees.

Sec. 2. The public
employees retirement board may:

1. Contract with a national firm of
consulting actuaries to assist in the performance of the study required by
section 1 of this act.

2. Expend not more than $70,000 of the
money in the public employees retirement fund created pursuant to NRS 286.220,
to pay for the cost of performing the study.

Sec. 3. This act becomes
effective on July 1, 1989.

________

CHAPTER 593, SB 505

Senate Bill No. 505Committee
on Commerce and Labor

CHAPTER 593

AN ACT relating to mobile homes;
clarifying the requirement that a rebuilder of manufactured or mobile homes
take an examination for licensure; and providing other matters properly
relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 489.351 is
hereby amended to read as follows:

489.351 The administrator shall require
an oral or written examination of each applicant for a license as a dealer,
responsible managing employee, installer, rebuilder,
salesman or serviceman.

Sec. 2. Assembly Bill No. 138 of
this session is hereby amended by adding thereto a new section to read as
follows:

Sec. 2. This
act becomes effective upon passage and approval.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1989
Statutes of Nevada, Page 1268κ

CHAPTER 594, SB 476

Senate Bill No.
476Committee on Natural Resources

CHAPTER 594

AN ACT relating to wildlife; requiring a
permit to own or maintain certain artificial bodies of water; authorizing the
board of wildlife commissioners to adopt regulations relating to permits;
providing penalties; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 501.181 is
hereby amended to read as follows:

501.181 The commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration,
transplanting, introduction and management of wildlife in this state.

(b) The promotion of the safety of persons using
or property used in the operation of vessels on the waters of the state.

(c) The promotion of uniformity of laws relating
to policy matters.

2. Guide the department in its administration
and enforcement of the provisions of this Title and of chapter 488 of NRS by
the establishment of such policies.

3. Establish policies for areas of
interest including:

(a) The management of big and small game
animals, upland and migratory game birds, fur-bearing animals, game fish, and
protected and unprotected animals, birds, fish, reptiles and amphibians.

(b) The control of wildlife depredations.

(c) The acquisition of lands, water rights and
easements and other property for the management, propagation, protection and
restoration of wildlife; the entry, access to, and occupancy and use of such
property, including leases of grazing rights; sale of agricultural products;
and requests by the director to the state land registrar for the sale of timber
if the sale does not interfere with the use of the property on which the timber
is located for wildlife management or for hunting or fishing thereon.

(d) The control of nonresident hunters.

(e) The introduction, transplanting or exporting
of wildlife.

(f) Cooperation with federal, state and local
agencies on wildlife and boating programs.

(g) The hunting, fishing or trapping privileges
of any person convicted of two violations within a 5-year period.

4. Establish regulations necessary to
carry out the provisions of this Title and of chapter 488 of NRS, including:

(a) Regular and special seasons for hunting game
animals and game birds, for hunting or trapping fur-bearing animals and for
fishing, the daily and possession limits, the manner and means of taking
wildlife, including, but not limited to, the sex, size or other physical
differentiation for each species, and, when necessary for management purposes,
the emergency closing or extending of a season, reducing or increasing of the
bag or possession limits on a species, or the closing of any area to hunting,
fishing or trapping. The regulations must be established after first
considering the recommendations of the department, the
county advisory boards to manage wildlife and others who wish to present their
views at an open meeting.

(c) The delineation of game management units
embracing contiguous territory located in more than one county, irrespective of
county boundary lines.

(d) The number of licenses issued to
nonresidents for big game and, if necessary, other game species for the regular
and special seasons.

5. Adopt regulations requiring the
department to make public, before official delivery, its proposed responses to
any requests by federal agencies for its comment on drafts of statements
concerning the environmental effect of proposed actions or regulations
affecting public lands.

6. Adopt
regulations governing the provisions of the permit required by section 2 of
this act and for the issuance, renewal and revocation of such a permit.

Sec. 2. Chapter 502 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Any person who
develops or maintains an artificial or man-made body of water, other than a body
of water maintained for agricultural or recreational purposes, containing
chemicals or substances in quantities which, with the normal use of the body of
water, causes or will cause the death of any wildlife, must first obtain a
permit from the department authorizing the development or maintenance of the
body of water.

2. Within 30
working days after receiving an application for a permit, the department shall
issue the permit or deny the application and list the reasons for denial. An
applicant may appeal the denial of a permit to the commission. A permit may be
valid for up to 5 years. The commission may establish a fee for a permit of not
more than $100 per year.

3. Upon the
transfer of ownership of any artificial or man-made body of water as to which a
permit issued pursuant to this section is in force at the time of the transfer,
the permit remains in effect for 30 days after the transfer of ownership.

4. Any person who
fails to obtain a permit as required by this section or who fails to comply
with the provisions of a permit is guilty of a misdemeanor for the first
offense and a gross misdemeanor for any subsequent offense.

Sec. 3. NRS 503.430 is
hereby amended to read as follows:

503.430 Except as provided in NRS
445.281, every person who places or allows to pass, or who places where it can
pass or fall, into or upon any of the waters of this state at any time, any
lime, gas tar, [cocculus indicus,]
slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or
factory refuse, sewage, garbage or any substance deleterious to fish or wildlife is guilty of a misdemeanor [.]for the first
offense and a gross misdemeanor for any subsequent offense.

Sec. 4. Any person who, on
October 1, 1989, manages or owns an artificial or man-made body of water that
contains chemicals or substances in quantities which, with the normal use of
the body of water, causes or will cause the death of any wildlife, shall obtain
the permit required by section 2 of this act on or before April 1, 1990.

Sec. 5. Section 1 of this
act becomes effective at 12:01 a.m. on October 1, 1989.

________

CHAPTER 595, SB 462

Senate Bill No.
462Committee on Government Affairs

CHAPTER 595

AN ACT relating to depositories of public
money; revising the provisions governing the determination of the fair market
value of certain collateral used to secure deposits of public money; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 356.020 is
hereby amended to read as follows:

356.020 1. All money
deposited by the state treasurer which is not within the limits of insurance
provided by an instrumentality of the United States must be secured by
collateral composed of the following types of securities:

(a) Obligations of the United States;

(b) Bonds of this state;

(c) Bonds of any county, municipality or school
district within this state;

(d) Promissory notes secured by first mortgages
or first deeds of trust which meet the requirements of NRS 356.025; or

(e) Instruments in which the state is permitted
by NRS 355.140 to invest.

2. Collateral deposited by the depository
bank, credit union or savings and loan association must be pledged with the
state treasurer or with any Federal Home Loan Bank, any bank or any insured
credit union or savings and loan association, other than the depository bank,
credit union or savings and loan association, which will accept the securities
in trust for the purposes of this section.

3. The fair market value of the deposit
of securities as collateral by each depository bank, credit union or savings
and loan association must be at least the amount of the state treasurers
deposit with the depository bank, credit union or association. The fair market
value of any collateral consisting of promissory notes with first mortgages or
first deeds of trust shall be deemed to be [one-half]75 percent of the unpaid principal of the notes.

4. All securities to be used as such
collateral are subject to review by the state treasurer and the state board of
finance. The depository bank, credit union or savings and loan association
shall submit monthly reports to the state treasurer showing the securities
which constitute the collateral and their fair market value.

5. The state treasurer or the state board
of finance may, from time to time, require the deposit of additional securities
as collateral if, in their judgment, the additional securities are necessary to
secure the state treasurers deposit.

________

κ1989
Statutes of Nevada, Page 1271κ

CHAPTER 596, SB 459

Senate Bill No.
459Committee on Commerce and Labor

CHAPTER 596

AN ACT relating to shorthand reporters;
increasing the fees charged by shorthand reporters for various services; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 3.370 is
hereby amended to read as follows:

3.370 1. For his services
the official reporter or reporter pro tempore is entitled to the following
fees:

(a) For being available to report civil and
criminal testimony and proceedings when the court is sitting, [$110]$120
per day, to be paid by the county as provided in subsection 2.

(b) For transcription, [$2.00]$2.25 per page for the original draft, and 50
cents per page for each additional copy to the party ordering the original
draft. For transcription for any party other than the party ordering the
original draft, 50 cents per page.

(c) For reporting all civil matters, in addition
to the salary provided in paragraph (a), $17.50 for each hour or fraction
thereof actually spent, to be taxed as costs pursuant to subsection 3. If the
fees for any day computed according to the hourly rate would exceed [$110,]$120,
the fee to be taxed for each civil matter reported is that proportion of [$110]$120
which the time spent on that matter bore to the total time spent that day.

For the purposes of this subsection, a page is a sheet of
paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches
from the left edge of the paper. The right margin must not be more than three-fourths
of an inch from the right edge of the paper. Each sheet must be numbered on the
left margin and must contain at least 24 lines of type. The first line of each
question and of each answer may be indented not more than five spaces from the
left margin. The first line of any paragraph or other material may be indented
not more than 10 spaces from the left margin. There must not be more than one
space between words or more than two spaces between sentences. The type size
must not be larger than 10 characters per inch. The lines of type may be double
spaced or one and one-half spaced.

2. The fee specified in paragraph (a) of
subsection 1 must be paid out of the county treasury upon the order of the
court. In criminal cases the fees for transcripts ordered by the court to be
made must be paid out of the county treasury upon the order of the court. When
there is no official reporter in attendance and a reporter pro tempore is
appointed, his reasonable expenses for traveling and detention must be fixed and
allowed by the court and paid in the same manner. The respective district
judges may, with the approval of the respective board or boards of county
commissioners within the judicial district, fix a monthly salary to be paid to
the official reporter in lieu of per diem. The salary, and also actual traveling
expenses in cases where the reporter acts in more than one county, must be
prorated by the judge on the basis of time consumed by
work in the respective counties and must be paid out of the respective county
treasuries upon the order of the court.

consumed by work in the respective counties and must be paid
out of the respective county treasuries upon the order of the court.

3. In civil cases the fees prescribed in
paragraph (c) of subsection 1 and for transcripts ordered by the court to be
made must be paid by the parties in equal proportions, and either party may, at
his option, pay the whole fee. In either case all amounts so paid by the party
to whom costs are awarded must be taxed as costs in the case. The fees for
transcripts and copies ordered by the parties must be paid by the party
ordering them. No reporter may be required to perform any service in a civil
case until his fees have been paid to him or deposited with the clerk of the
court.

4. Where a transcript is ordered by the
court or by any party, the fees for it must be paid to the clerk of the court
and by him paid to the reporter upon the furnishing of the transcript.

5. The testimony and proceedings in an
uncontested divorce action need not be transcribed unless requested by a party
or ordered by the court.

Sec. 2. NRS 171.198 is
hereby amended to read as follows:

171.198 1. The magistrate
shall employ a certified shorthand reporter to take down all the testimony and
the proceedings on the hearing or examination, and within such time as the
court may designate have such testimony and proceedings transcribed into
typewritten transcript.

2. When the testimony of each witness is
all taken and transcribed by the reporter, the reporter shall certify to the
transcript in the same manner as for a transcript of testimony in the district
court, which certificate authenticates the transcript for all purposes of this
Title.

3. Before the date set for trial, either
party may move the court before which the case is pending to add to, delete
from, or otherwise correct the transcript to conform with the testimony as
given and to settle the transcript so altered.

4. The compensation for the services of a
reporter employed as provided in this section are the same as provided in
subsection 1 of NRS 3.370, to be paid out of the county treasury as other
claims against the county are allowed and paid.

5. Testimony reduced to writing and
authenticated according to the provisions of this section must be filed by the
examining magistrate with the clerk of the district court of his county, and in
case the prisoner is subsequently examined upon a writ of habeas corpus, such
testimony must be considered as given before such judge or court. A copy of the
transcript must be furnished [without charge]
to the defendant and to the district attorney.

6. The testimony so taken may be used:

(a) By the defendant; or

(b) By the state if the defendant was
represented by counsel or affirmatively waived his right to counsel,

upon the trial of the cause, and in all proceedings therein,
when the witness is sick, out of the state or dead, or when his personal
attendance cannot be had in court.

________

κ1989
Statutes of Nevada, Page 1273κ

CHAPTER 597, AB 814

Assembly Bill No.
814Committee on Commerce

CHAPTER 597

AN ACT relating to insurance; providing
for the direct payment under a policy of health insurance to a provider of
medical transportation; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 689A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 3, every policy of health insurance amended,
delivered or issued for delivery in this state after October 1, 1989, that
provides coverage for medical transportation, must contain a provision for the
direct reimbursement of a provider of medical transportation for covered
services if that provider does not receive reimbursement from any other source.

2. The insured or
the provider may submit the claim for reimbursement. The provider shall not
demand payment from the insured until after that reimbursement has been granted
or denied.

3. Subsection 1
does not apply to any agreement between an insurer and a provider of medical
transportation for the direct payment by the insurer for the providers
services.

Sec. 2. NRS 689A.330 is
hereby amended to read as follows:

689A.330 If a policy is issued by a
domestic insurer for delivery to a person residing in another state, and if the
insurance commissioner or corresponding public officer of that other state has
informed the commissioner that the policy is not subject to approval or
disapproval by that officer, the commissioner may by ruling require that the policy
meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.], and section
1 of this act.

Sec. 3. Chapter 689B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 3, every policy of group health insurance
amended, delivered or issued for delivery in this state after October 1, 1989,
that provides coverage for medical transportation, must contain a provision for
the direct reimbursement of a provider of medical transportation for covered
services if that provider does not receive reimbursement from any other source.

2. The insured or
the provider may submit the claim for reimbursement. The provider shall not
demand payment from the insured until after that reimbursement has been granted
or denied.

3. Subsection 1
does not apply to any agreement between an insurer and a provider of medical
transportation for the direct payment by the insurer for the providers
services.

Sec. 4. Chapter 695B of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 3, every contract for medical service amended,
delivered or issued for delivery in this state after October 1, 1989, that provides
coverage for medical transportation, must contain a provision for the direct
reimbursement of a provider of medical transportation for covered services if
that provider does not receive reimbursement from any other source.

2. The subscriber
or the provider may submit the claim for reimbursement. The provider shall not
demand payment from the subscriber until after that reimbursement has been
granted or denied.

3. Subsection 1
does not apply to any agreement between a corporation for medical service and a
provider of medical transportation for the direct payment by the corporation
for the providers services.

Sec. 5. Chapter 695C of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 3, every evidence of coverage amended,
delivered or issued for delivery in this state after October 1, 1989, that
provides coverage for medical transportation, must contain a provision for the
direct reimbursement of a provider of medical transportation for covered
services if that provider does not receive reimbursement from any other source.

2. The enrollee or
the provider may submit the claim for reimbursement. The provider shall not
demand payment from the enrollee until after that reimbursement has been
granted or denied.

3. Subsection 1
does not apply to any agreement between a health maintenance organization and a
provider of medical transportation for the direct payment by the organization
for the providers services.

Sec. 6. NRS 695C.190 is
hereby amended to read as follows:

695C.190 The commissioner may require the
submission of whatever relevant information he deems necessary in determining
whether to approve or disapprove a filing made pursuant to NRS 695C.170 to
695C.200, inclusive [.], and section 5 of this act.

Sec. 7. NRS 287.010 is
hereby amended to read as follows:

287.010 The governing body of any county,
school district, municipal corporation, political subdivision, public
corporation or other public agency of the State of Nevada may:

1. Adopt and carry into effect a system
of group life, accident or health insurance, or any combination thereof, for
the benefit of its officers and employees, and the dependents of officers and
employees who elect to accept the insurance and who, where necessary, have
authorized the governing body to make deductions from their compensation for
the payment of premiums on the insurance.

2. Purchase group policies of life,
accident or health insurance, or any combination thereof, for the benefit of
such officers and employees, and the dependents of such officers and employees,
as have authorized the purchase, from insurance companies
authorized to transact the business of such insurance in the State of Nevada,
and, where necessary, deduct from the compensation of officers and employees
the premiums upon insurance and pay the deductions upon the premiums.

from insurance companies authorized to transact the business
of such insurance in the State of Nevada, and, where necessary, deduct from the
compensation of officers and employees the premiums upon insurance and pay the
deductions upon the premiums.

3. Provide group life, accident or health
coverage through a self-insurance reserve fund and, where necessary, deduct
contributions to the maintenance of the fund from the compensation of officers
and employees and pay the deductions into the fund. The money accumulated for
this purpose through deductions from the compensation of officers and employees
and contributions of the governing body must be maintained as a trust and
agency fund as defined by NRS 354.580. The trust funds must be deposited in a
state or national bank authorized to transact business in the State of Nevada.
The trust instrument must be approved by the commissioner of insurance as to
the reasonableness of administrative charges in relation to contributions
collected and benefits provided. Any independent administrator of a fund
created under this section is subject to the licensing requirements of chapter
683A of NRS, and must be a resident of this state. The provisions of NRS
689B.030 to 689B.050, inclusive, and section 3 of this
act, apply to coverage provided pursuant to this subsection.

4. Defray part or all of the cost of
maintenance of a self-insurance fund or of the premiums upon insurance. The
funds for contributions must be budgeted for in accordance with the laws
governing the county, school district, municipal corporation, political
subdivision, public corporation or other public agency of the State of Nevada.

________

CHAPTER 598, AB 40

Assembly Bill No.
40Assemblymen Kerns and Thompson

CHAPTER 598

AN ACT relating to asbestos; requiring the
department of industrial relations to license and regulate persons who engage
in projects for the control of asbestos; requiring the department to adopt
regulations in compliance with federal law for the licensing of certain related
occupations; requiring the state environmental commission to adopt regulations
for the disposal of asbestos and material containing asbestos; requiring a
survey for the presence of asbestos before the demolition or renovation of a
public building; providing a penalty; and providing other matters properly
relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 618 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
21, inclusive, of this act.

Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless
the context otherwise requires:

(a) The encapsulation,
enclosure or removal of asbestos or material containing asbestos from a
building or structure including any associated mechanical systems, whether
inside or outside the building or structure;

(b) The abatement of the
danger posed to human beings by the presence of asbestos or material containing
asbestos in a building or structure including any associated mechanical
systems, whether inside or outside the building or structure;

(c) The repair,
renovation or demolition of a building or structure containing asbestos or
materials containing asbestos; or

3. Occupation
means a specific discipline involved in a project for the control of asbestos
including those tasks performed respectively by an inspector, management
planner, consultant, project designer, contractor, supervisor or worker engaged
in the control of asbestos.

4. Worker means
any person actually engaged in work directly related to asbestos on a project
for the control of asbestos who is not required to be licensed in any other
occupation.

Sec. 3. Sections 2 to 21, inclusive, of this act, do not apply to:

1. The control of
asbestos by a person in his own residence.

2. A person
employed by a public utility which supplies electricity when performing
emergency activities which include, but are not limited to:

(a) The removal of
insulation containing asbestos on pipes;

(b) The removal of small
quantities of insulation containing asbestos on beams or above ceilings;

(c) The replacement of a
gasket containing asbestos on a valve;

(d) The installation or
removal of a small section of drywall; and

(e) The installation of
electrical conduits running through or proximate to materials containing
asbestos,

if the person is trained by and works
under the direction of a person who is capable of identifying existing hazards
in a workplace which are related to asbestos, tremolite, anthophyllite or
actinolite, and is authorized to take prompt corrective measures to eliminate
them as set forth in 29 C.F.R. §1926.32(f) on the effective date of this act.

Sec. 4. 1. Not later than 60 days after this section
becomes effective, the department shall adopt regulations establishing
standards and procedures for the licensure of each occupation which are at
least as stringent as those contained in the Model Contractor Accreditation
Plan for States set out in Appendix C of Subpart E of Part 763 of Title 40 of
the Code of Federal Regulations, as it existed on January 1, 1989. The
regulations must include standards for:

2. After
consultation with the health division of the department of human resources, the
division of environmental protection of the state department of conservation and
natural resources and the county air pollution control agencies designated
pursuant to NRS 445.546, the department shall adopt standards for:

(a) Projects for the
control of asbestos;

(b) Specifying the amount
of asbestos within a material which must be present to qualify the material as
a material containing asbestos for the purposes of sections 2 to 21,
inclusive, of this act;

(c) Laboratories which
analyze building materials for the presence of asbestos;

(d) Laboratories which
collect or analyze air samples for those projects; and

(e) The assessment of the
exposure of occupants of a building at the completion of a project for the
control of asbestos.

3. The department
shall by regulation adopt a standard for the assessment of the exposure of the
occupants of a building to airborne asbestos. The standard:

(a) Must
be set according to a time-weighed average concentration of asbestos fibers in
the air, measured under normal occupancy conditions; and

(b) Must
be at least as stringent as the corresponding federal standard, if one has been
adopted.

4. The
standard adopted pursuant to subsection 3 may be used:

(a) To
assess the need to respond to the presence of asbestos in a building; or

(b) To
determine which buildings or structures are most in need of such response.

The
standard does not require the monitoring of the air of any building or
structure, or create a duty for the division to inspect any building or
structure, except in connection with the enforcement of this chapter.

Sec. 4.5 Nothing in sections 2 to 21, inclusive, of this act, including
standards adopted pursuant thereto, may be used as evidence:

1. To
deny liability in an action seeking damages for disease as a result of exposure
to asbestos in a building or structure; or

2. To
deny a claim for compensation pursuant to chapter 616 or 617 of NRS relating to
exposure to asbestos.

Sec. 5. A person shall not engage in a project for the control of
asbestos unless he holds a valid license issued by the department.

2. Successfully
complete a course of training in the control of asbestos approved or
administered by the department for that occupation;

3. Pass
an examination approved or administered by the department for that occupation;

4. If
he is a contractor, present proof satisfactory to the department that he is
insured to the extent determined necessary by the director for the appropriate
activities for the control of asbestos permitted under the requested license,
for the effective period of the license; and

5. Meet
any additional requirement established by the department.

Sec. 8. 1. The costs of carrying out the provisions of
sections 2 to 21, inclusive, of this act, must be paid from assessments payable
by each insurer based upon expected annual expenditures for claims. The
department shall adopt regulations which establish formulas of assessment which
result in an equitable distribution of costs among the insurers.

2. In
addition, the department shall by regulation establish a schedule of fees
designed to recover revenue to defray the costs of carrying out the provisions
of sections 2 to 21, inclusive, of this act. The department may collect fees
for applications, the issuance and renewal of licenses, examinations, the
review and approval of training courses, job notifications and inspections,
recordkeeping, and any other activity of the department related to the
provisions of sections 2 to 21, inclusive, of this act. The fee for the
issuance or renewal of a license must not exceed $200.

3. Any
fees collected pursuant to this section must be used to offset the assessments
established pursuant to subsection 1.

4. As
used in this section, insurer has the meaning ascribed to it in NRS 232.550.

Sec. 9. 1. To renew a license a person must, on or before
January 1 of each year:

(a) Apply
to the department for renewal;

(b) Pay
the annual fee for renewal set by the department; and

(c) Submit
evidence satisfactory to the department of his completion of the requirements
for continuing education or training established by the department, if any.

2. The
department may adopt regulations requiring continuing education or training of
the licensees in any occupation and, as a prerequisite to the renewal or
restoration of a license, require each licensee to comply with those
requirements.

Sec. 10. The department shall not issue a license as a contractor for
projects for the control of asbestos on the basis of a persons status under
chapter 624 of NRS as a qualified employee.

Sec. 11. The department may issue a license in an occupation to an
applicant who holds a valid license in that occupation issued to him by the
District of Columbia or any state or territory of the United States, or who has
met the requirements for that occupation set by the Environmental Protection
Agency pursuant to the Asbestos Hazard Emergency Response Act, if:

1. The
legal requirements of that district, state or territory for licensure in that
occupation were, at the time of issuance of the license, at least equivalent to
those of this state.

3. The
applicant furnishes to the board such other proof of his qualifications as the
board requires.

Sec. 12. A person licensed as a contractor for projects for the control
of asbestos shall:

1. If
a laboratory is used for any aspect of collecting or analyzing air samples for
a project, use only a laboratory which meets the standards adopted by the
department.

2. If
a commercial laboratory is used for any aspect of collecting or analyzing air
samples for a project, use only a laboratory in which the contractor or owner
of the building or structure has no financial interest, unless the department
by regulation provides otherwise.

3. Comply
with the standards adopted by the department for projects.

4. Unless
specifically exempted by the department, refrain from providing any of the
services of an inspector, management planner, consultant or project designer on
a project.

Sec. 13. A person licensed as a contractor for projects for the control
of asbestos shall not employ to engage in activities directly related to
asbestos on his projects a person who is not licensed pursuant to section 6 of
this act.

Sec. 14. 1. If the department finds that a person, other
than a worker, who is licensed pursuant to section 6 of this act has violated
any of the provisions of section 5, 12, 13 or 18 of this act, or the standards
or regulations adopted pursuant to sections 2 to 21, inclusive, of this act, it
may:

(a) Upon
the first violation, impose upon him an administrative fine of not more than
$15,000.

(b) Upon
the second and subsequent violations:

(1) Impose
upon the licensee an administrative fine of not more than $25,000;

(2) Revoke
his license; and

(3) Require
him to fulfill certain training or educational requirements to have his license
reinstated.

Any penalty
imposed pursuant to this section does not relieve the licensee from criminal
prosecution for engaging in the control of asbestos without a license, nor from
the imposition of a penalty pursuant to NRS 445.601.

2. If
the license of a contractor for projects for the control of asbestos is revoked
pursuant to this section and the owner of a building or structure upon which
the contractor is engaged in a project employs another licensed contractor to
complete the project, the original contractor may not bring an action against
the owner of the building or structure for breach of contract or damages based
on the employment of another contractor.

Sec. 15. 1. Except as otherwise provided in subsection 2,
if the department intends to revoke a persons license, it shall first notify
him by certified mail. The notice must contain a statement of the departments
legal authority, jurisdiction and reasons for the proposed action.

2. If
the department finds that protection of the public health requires immediate
action, it may order a summary suspension of a license pending proceedings for
revocation.

3. A
person is entitled to a hearing to contest the summary suspension or proposed
revocation of his license. A request for such a hearing must be made pursuant
to regulations adopted by the department.

4. Upon
receiving a request for a hearing to contest a summary suspension, the
department shall hold a hearing within 10 days after the date of the receipt of
the request.

Sec. 16. The department or a person authorized by the department shall
inspect annually at least one project for the control of asbestos conducted by
each contractor licensed pursuant to section 6 of this act. The contractor
shall, upon request of the department or a person authorized by the department,
allow the inspection of all property, activities and facilities at the project
and all related documents and records.

Sec. 17. The state environmental commission shall adopt regulations for
the disposal of asbestos and material containing asbestos.

Sec. 18. All asbestos and material containing asbestos removed from a
building during a project to control asbestos must be disposed of in accordance
with the regulations adopted by the state environmental commission for the
disposal of asbestos and material containing asbestos.

Sec. 19. The department may adopt such regulations as are necessary to
carry out the provisions of sections 2 to 21, inclusive, of this act.

Sec. 20. The department may maintain in any court of competent jurisdiction
a suit for an injunction against any person engaged in the control of asbestos
in violation of the provisions of section 5, 12, 13 or 18 of this act, or the
standards or regulations adopted by the department pursuant to sections 2 to
21, inclusive, of this act. An injunction:

1. May
be issued without proof of actual damage sustained by any person, this
provision being a preventative as well as a punitive measure.

2. Does
not relieve the person from criminal liability for engaging in the control of
asbestos without a license.

Sec. 21. Any person who engages in the control of asbestos without a
license issued by the department is guilty of a misdemeanor.

Sec. 22. Chapter
338 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. No
public building or other public structure may be renovated or demolished until
a survey of the building or structure has been made for the presence of
asbestos or material containing asbestos.

2. As
used in this section, material containing asbestos has the meaning ascribed
to it by the department of industrial relations pursuant to section 4 of this
act.

Sec. 23. 1. This
section and sections 1 to 4.5, inclusive, 6 to 12, inclusive, 14 to 20,
inclusive, and 22 of this act become effective upon passage and approval.

2. Sections 5, 13 and 21 of this act
become effective on January 1, 1990.

AN ACT relating to mining reclamation;
requiring the reclamation of land subject to certain mining operations or
exploration projects; requiring a person who wishes to engage in those
operations or projects to obtain a permit; placing the responsibility for
administration and enforcement upon the division of environmental protection of
the state department of conservation and natural resources; requiring the
annual payment of fees; providing a penalty; and providing other matters
properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Title 46 of NRS
is hereby amended by adding thereto a new chapter to consist of the provisions
set forth as sections 2 to 30, inclusive, of this act.

Sec. 2. 1. The
legislature hereby finds that:

(a) The extraction of minerals by mining is a
basic and essential activity making an important contribution to the economy of
the State of Nevada;

(b) Proper reclamation of mined land, areas of
exploration and former areas of mining or exploration is necessary to prevent
undesirable land and surface water conditions detrimental to the ecology and to
the general health, welfare, safety and property rights of the residents of
this state; and

(c) The success of reclamation efforts in this
state is dependent upon cooperation among state and federal agencies.

2. The legislature hereby directs that
all agencies and political subdivisions of the State of Nevada which are
involved in or whose work is related to the administration or enforcement of
the provisions of this chapter shall cooperate fully with all other state and
federal agencies in any related matter.

Sec. 3. As used in this
chapter, unless the context otherwise requires, the words and terms defined in
sections 4 to 14, inclusive, of this act, have the meanings ascribed to them in
those sections.

Sec. 4. Administrator
means the administrator of the division.

Sec. 5. Affected means
that the surface of the land is or will be disturbed by mining, or that the
land will be used:

1. As an evaporation or settling pond,
leach dump, placer area or tailings pond or dump; or

2. In conjunction with any structure,
facility, equipment, machine, tool, material or property incident to mining.

Sec. 6. Commission means
the state environmental commission.

Sec. 7. Division means the
division of environmental protection of the state department of conservation
and natural resources.

Sec. 8. Exploration
project means all activities conducted in this state by a person on or beneath
the surface of land for the purpose of, or in connection with, determining the
presence, location, extent, depth or grade of any mineral, which affects the
surface. The term does not include a small exploration project.

Sec. 9. Mining operation
means all activities conducted in this state by a person on or beneath the
surface of land for the purpose of, or in connection with, the development or
extraction of any mineral. The term does not include an aggregate or sand pit or
a small mining operation.

Sec. 10. Operator means
any person who owns, controls or manages an exploration project or a mining
operation.

Sec. 11. Reclamation means
actions performed during or after an exploration project or mining operation to
shape, stabilize, revegetate or otherwise treat the land in order to return it
to a safe, stable condition consistent with the establishment of a productive
post-mining use of the land and the abandonment of a facility in a manner which
ensures the public safety, as well as the encouragement of techniques which
minimize the adverse visual effects.

Sec. 12. Small exploration
project means an exploration project which is limited to surface disturbance
of not more than 5 acres in any calendar year. To determine the area of the
surface disturbed, all land disturbed and left unreclaimed by an operator within
a 1-mile radius of the center of the project must be considered.

Sec. 13. Small mining
operation means a person who does not remove from the earth in any calendar
year material in excess of 36,500 tons and who disturbs less than 5 acres of
land in any calendar year. To determine the area of the surface disturbed, all
land disturbed and left unreclaimed by an operator within a 1-mile radius of
the center of the project must be considered.

Sec. 14. Surety means, but
is not limited to, a trust fund, surety bonds that guarantee performance or
payment into a trust fund, letters of credit, insurance, corporate or other
guarantees of performance, or any combination of these or other forms of
security approved by the director of the state department of conservation and
natural resources and used to ensure that reclamation will be completed.

Sec. 15. The division shall:

1. Administer and enforce the provisions
of sections 2 to 29, inclusive, of this act, and the regulations adopted by the
commission pursuant to section 17 of this act.

2. Employ persons who are experienced and
qualified in the area of reclamation.

3. Enter into a memorandum of
understanding with both the United States Bureau of Land Management and the
United States Forest Service concerning the adoption by those agencies of plans
of reclamation that:

(a) Apply to mining operations or exploration
projects that are conducted on a site which includes both public land
administered by a federal agency and privately owned land; and

(b) Substantially provide for the reclamation
and security required by this chapter.

4. Develop and offer to operators on a
regular basis educational workshops that include and emphasize reclamation
training and techniques suitable for small exploration projects and mining
operations.

5. Offer advice and technical assistance
to operators.

6. Approve, reject or impose conditions
upon the approval of any plan for reclamation for an exploration project or
mining operation.

3. Enter into agreements relating to
reclamation with other state and federal governmental agencies pursuant to
which services relating to reclamation are provided by the division or a
governmental agency in exchange for other consideration.

4. Receive federal, state or any other
money and expend it to carry out the purposes of sections 2 to 29, inclusive,
of this act, or any regulation adopted by the commission pursuant to section 17
of this act.

5. Hold hearings and issue orders
relating to the administration or enforcement of the provisions of sections 2
to 29, inclusive, of this act, or any regulation adopted by the commission
pursuant to section 17 of this act.

6. Summon witnesses, administer oaths and
require the production of pertinent records, books and other documents for
examination at any hearing or investigation conducted by it relating to the
administration or enforcement of the provisions of sections 2 to 29, inclusive,
of this act, or any regulation adopted by the commission pursuant to section 17
of this act.

7. Request the attorney general to bring
suit in the name of the State of Nevada against any person whom it finds has
violated any provision of sections 2 to 29, inclusive, of this act, or any
regulation adopted by the commission pursuant to section 17 of this act, to
restrain the person from continuing the violation.

8. Modify any plan for reclamation
previously approved by it if:

(a) Any provision of the plan is in conflict
with the provisions of a specific statute;

(b) Any provision of the plan becomes impossible
or impracticable to implement; or

(c) Any significant problem that was not
previously considered by the division is discovered to exist which results or
may result from reclamation.

9. Suspend or revoke a permit upon a
noticed hearing and a finding by the division that the holder of the permit has
violated any provision of sections 2 to 29, inclusive, of this act, a plan of
reclamation, any condition placed on a plan of reclamation or any regulation
adopted by the commission pursuant to section 17 of this act.

10. Take any other action reasonable and
necessary to enable it to administer or enforce the provisions of sections 2 to
29, inclusive, of this act.

Sec. 17. The commission
shall adopt regulations:

1. Establishing reasonable fees, based on
the actual cost of administration and enforcement, to be charged by the
division for an application for and the issuance of a permit, the rates of
which must be set to differentiate between mining operations located on federal
land and those operations on state or private land;

2. Consistent with regulations adopted by
the United States Bureau of Land Management that are contained in Title 43 of
the Code of Federal Regulations and that do not conflict with any provision of
this chapter or any other regulation adopted by the commission pursuant to this
section;

3. Setting forth the information required
in relation to the mining operation and maps of the area for inclusion in the
checklist developed pursuant to section 23 of this act;

4. Providing for the holding of
reclamation performance bonds or other surety by the state and conditions
governing the release and forfeiture of those bonds or other surety;

5. Providing for a schedule within which
reclamation must be completed;

6. Establishing a schedule of civil
penalties for the violation of sections 2 to 29, inclusive, of this act;

7. Providing for informational filings
related to reclamation by small mining operations; and

8. Necessary to enable the division to
carry out the provisions of sections 2 to 29, inclusive, of this act, and the
regulations adopted by the commission pursuant to this section.

Sec. 18. Fees collected by
the division for an application for and the issuance of a permit must be
deposited with the state treasurer for credit to the appropriate account of the
division and must be used in the administration of sections 2 to 29, inclusive,
of this act.

Sec. 19. A person shall not
engage in an exploration project without a valid permit for that purpose issued
by the division.

Sec. 20. A person who desires
to engage in an exploration project must:

1. File with the division, upon a form
approved by it, an application for a permit. The application must include:

(a) The name and address of the applicant and,
if a corporation or other business entity, the name and address of its
principal officers and its resident agent for service of process;

(b) An exploration map or sketch in sufficient
detail to enable the division to locate the area to be explored and to
determine whether significant environmental problems are likely to result;

(c) The kinds of prospecting and excavation
techniques that will be used in the exploration project; and

(d) Any other information required by the
regulations adopted by the commission pursuant to section 17 of this act.

2. Pay to the division the application
fee established in the regulations adopted by the commission pursuant to
section 17 of this act.

3. Agree in writing to assume
responsibility for the reclamation of any surface area damaged as a result of
the exploration project.

4. Not be in default of any other
obligation relating to reclamation pursuant to this chapter.

5. File with the division a bond or other
surety in a form approved by the administrator and in an amount required by the
regulations adopted by the commission pursuant to section 17 of this act.

Sec. 21. A person shall not
engage in a mining operation without a valid permit for that purpose issued by
the division.

(a) That reclamation activities, particularly
those relating to the control of erosion, must be conducted simultaneously with
the mining operation to the extent practicable, and otherwise must be initiated
promptly upon the completion or abandonment of the mining operation in any area
that will not be subject to further disturbance. Reclamation activities must be
completed within the time set by the regulations adopted by the commission
pursuant to section 17 of this act.

(b) For vegetative cover if appropriate to the
future use of the land.

(c) For the reclamation of all land disturbed by
the exploration project or mining operation to a stability comparable to that
of adjacent areas.

2. The operator may request the division
to grant an exception for open pits and rock faces which may not be feasible to
reclaim. If an exception is granted, the division shall require the operator to
take sufficient measures to ensure public safety.

3. Except in the case of an emergency, an
operator shall not depart from an approved plan for reclamation without prior
written approval from the division.

4. Reclamation activities must be
economically and technologically practicable in achieving a safe and stable
condition suitable for the use of the land.

Sec. 25. If a mining
operation or exploration project is conducted on land administered by a federal
agency, an approved federal plan of reclamation and a surety that are
consistent with the requirements of this chapter supersede the requirements for
a permit and bond or other surety otherwise required by this chapter. If the
mining operation or exploration project is conducted on a site which includes
both public land and privately owned land, compliance with the federal plan
suffices if that plan substantially provides for the reclamation and bond or
other surety required by this chapter.

Sec. 26. 1. An
operator who is required by federal law to file a plan of operation, an amended
plan of operation or a notice of intent with the United States Bureau of Land
Management or the United States Forest Service for operations relating to
mining or exploration on public land administered by a federal agency, shall,
not later than 30 days after approval of the plan or amended plan, or within 30
days after filing a notice, provide the division with a copy of the filing and
pay the following fee to the division:

(a) For a plan of operation or an amended plan
of operation filed with the United States Bureau of Land Management or the
United States Forest Service, the operator shall pay a fee of $20 for each acre
or part of an acre of land to be disturbed by mining included in the plan or
incremental acres to be disturbed under an amended plan.

(b) For a notice of intent filed with the United
States Bureau of Land Management or the United States Forest Service, the
operator shall pay a fee of $20.

2. The division shall adopt by regulation
a method of refunding a portion of the fees required by this section if a plan
of operation is amended to reduce the number of acres or part of an acre to be
disturbed under the amended plan. The refund must be based on the reduced number
of acres or part of an acre to be disturbed.

3. All money received by the division
pursuant to subsection 1 must be accounted for separately and used by the
division to create and administer a program for the
abatement of hazardous conditions existing at abandoned mine sites which have
been identified and ranked pursuant to the degree of hazard established by
regulations adopted by the division.

program for the abatement of hazardous conditions existing
at abandoned mine sites which have been identified and ranked pursuant to the
degree of hazard established by regulations adopted by the division. All
interest and income earned on the money in the account, after deducting
applicable charges, must be deposited in the fund for the division of minerals.

4. On or before February 1 of each
odd-numbered year, the division shall file a report with the governor and the
legislature describing its activities, total revenues and expenditures pursuant
to this section.

Sec. 27. 1. Each
operator shall, on or before April 15 of each year after a permit has been
issued to him, submit to the administrator a report for the preceding calendar
year relating to the status and production of all mining operations and
exploration projects in which he engaged and identifying each acre of land
affected and land reclaimed by that mining operation, and shall pay to the
division a fee of:

(a) One dollar and fifty cents for each acre of
public land administered by a federal agency; and

(b) Five dollars and fifty cents for each acre
of privately owned land,

which was disturbed by mining operations engaged in by the
operator and not reclaimed during the preceding calendar year.

2. All money received by the state
treasurer pursuant to paragraph (a) of subsection 1 together with
three-elevenths of all money received by the state treasurer pursuant to
paragraph (b) of subsection 1, up to a maximum of $100,000 annually, must be
distributed directly to the bureau of mines and geology of the State of Nevada
to be used to carry out the provisions of NRS 514.060. Any money in excess of
the maximum and the balance collected pursuant to paragraph (b) of subsection 1
must be credited to the appropriate account for the division and used to
administer the provisions of this chapter.

Sec. 28. If the division has
reason to believe that any provision of sections 2 to 29, inclusive, of this
act, a plan for reclamation, any condition placed on a plan for reclamation or
any regulation adopted by the commission pursuant to section 17 of this act,
has been violated, the division shall serve a notice of noncompliance upon the
holder of the permit. The notice must:

1. Be served personally or by registered
mail addressed to the holder of the permit at his address as shown on the
records of the division;

2. Specify each violation; and

3. Set a date and time for a hearing and
inform the person that his permit may be suspended or revoked and his bond or
other surety forfeited upon completion of the hearing or if he fails to attend
the hearing.

Sec. 29. 1. A
person who violates any provision of sections 2 to 29, inclusive, of this act,
or any regulation adopted by the commission pursuant to section 17 of this act,
is guilty of a misdemeanor and, in addition to any criminal penalty, is subject
to a civil penalty imposed by the division at a hearing for which notice has
been given, in an amount determined pursuant to the schedule adopted by the
commission pursuant to section 17 of this act.

2. Any money received by the division
pursuant to subsection 1 must be deposited in the state general fund.

Sec. 30. 1. The
department of minerals shall develop and administer a program providing for the
pooling of reclamation performance bonds to assist operators
to meet the bonding and surety requirements of this chapter.

operators to meet the bonding and surety requirements of
this chapter. The program must:

(a) Be designed to reduce the financial burden
of obtaining a reclamation performance bond for small mining operations;

(b) Require each operator who participates in
the program to pay an amount into the pool each year which annually is
actuarially determined to enable the program to be self-sustaining;

(c) Use the money in the pool to cover the
bonded liability of the operators who participate in the program;

(d) Provide a limit on the total bonded
liability of any person that may be covered under the program; and

(e) Provide conditions for the release of bonds
and bond forfeiture.

2. The department shall adopt regulations
relating to the development and administration of the program.

3. In the event than an operators
reclamation performance bond is forfeited, the attorney general may bring an
action in the name of the State of Nevada in any court of competent
jurisdiction against the operator to recover the costs incurred by the program
in the reclamation of the land.

Sec. 31. NRS 445.451 is
hereby amended to read as follows:

445.451 1. The state
environmental commission is hereby created in the state department of
conversation and natural resources. The commission consists of:

(a) The director of the department of wildlife;

(b) The state forester firewarden;

(c) The state engineer;

(d) The executive director of the state
department of agriculture;

(e) The executive director of the department of
minerals;

(f) A member of the state board of health to be
designated by that board; and

(g) [Four]Five members appointed by the governor one of
whom is a person who is a general engineering contractor or a general building
contractor licensed pursuant to chapter 624 of NRS [.]and one of whom possesses expertise in performing mining
reclamation.

2. The governor shall appoint the
chairman of the commission from among the members.

3. A majority of the members constitutes
a quorum and a majority of those present must concur in any decision.

4. Each member who is appointed by the
governor is entitled to receive a salary of $60 for each days attendance at a
meeting of the commission.

5. Any person who receives or has during
the previous 2 years received a significant portion of his income, as defined
by any applicable state or federal law, directly or indirectly from one or more
holders of or applicants for a permit required by NRS 445.131 to 445.354,
inclusive, is disqualified from serving as a member of the commission. This
subsection does not apply to any person who receives or has received during the
previous 2 years, a significant portion of his income from any department or
agency of state government which may be a holder of or an applicant for a
permit required by NRS 445.131 to 445.354, inclusive.

6. The state department of conservation
and natural resources shall provide technical advice, support and assistance to
the commission. All state officers, departments, commissions and agencies,
including the department of transportation, the department of wildlife, the
department of human resources, the University of Nevada System, the state
public works board, the department of motor vehicles and public safety, the
public service commission of Nevada and the state department of agriculture may
also provide technical advice, support and assistance to the commission.

Sec. 32. 1. The
state environmental commission shall adopt the regulations required by section
17 of this act on or before October 1, 1990.

2. The department of minerals shall adopt
the regulations required by section 30 of this act on or before October 1,
1990.

Sec. 33. A person engaged in
an exploration project or a mining operation on October 1, 1990, shall file a
plan for reclamation, approved by the division:

1. On or before October 1, 1993; or

2. Before abandonment of the mining
operation,

whichever occurs first.

Sec. 34. 1. For
the calendar year 1988, each operator shall, on or before September 15, 1989,
submit to the administrator of the division of environmental protection of the
state department of conservation and natural resources a report for the
preceding calendar year relating to the status and production of all mining
operations and exploration projects in which he engaged and identifying each
acre of land affected and land reclaimed by that mining operation, and pay to
the division the following fee:

(a) One dollar and fifty cents for each acre of
public land administered by a federal agency; and

(b) Five dollars and fifty cents for each acre
of privately owned land,

which was affected by mining operations or exploration
projects engaged in by the operator and not reclaimed during the preceding
calendar year.

2. Except as otherwise provided in this
subsection, the administrator shall deposit the money received pursuant to this
section with the state treasurer for credit to the appropriate account for the
state department of conservation and natural resources for the payment of
administrative costs related to the creation of a program for reclamation. The
state treasurer shall, as soon as practicable, transfer $52,895 of the money
received pursuant to this section to the appropriate account for the department
of minerals for costs incurred in carrying out its duties prescribed by section
30 of this act.

Sec. 35. 1. This
section and sections 17 and 30 through 34, inclusive, of this act, become
effective upon passage and approval.

2. The remaining sections of this act
become effective on October 1, 1990.

3. The provisions of section 26 of this
act expire by limitation on July 1, 1994. Any money in the account for the
abatement of hazardous conditions must not be committed for expenditure after
June 30, 1994, and must be transferred to the fund for the department of
minerals as soon as all payments of money committed have been made.

________

κ1989
Statutes of Nevada, Page 1290κ

CHAPTER 600, AB 881

Assembly Bill No. 881Committee
on Ways and Means

CHAPTER 600

AN ACT relating to telecommunications;
authorizing the rehabilitation division of the department of human resources to
expand its program for telecommunication to enable persons with impaired speech
or hearing to communicate with persons who do not have access to special
devices for telecommunication; and providing other matters properly relating
thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 707.360 is
hereby amended to read as follows:

707.360 1. The
rehabilitation division of the department of human resources shall develop and
administer a program whereby [any]:

(a) Any person who is a
customer of a telephone company which provides service through a local exchange
and who is certified by the division to be deaf
or to have severely impaired speech or hearing may obtain a device for
telecommunication capable of serving the needs of such persons at no charge to
the customer beyond the rate for basic service [.]; and

(b) Any person who is
deaf or has a severely impaired speech or hearing may communicate by telephone
with other persons through a dual-party relay system.

The program must be approved by the public service
commission of Nevada.

2. A surcharge is hereby imposed on each
access line of each customer to the local exchange of any telephone company
providing such lines in this state which is sufficient to cover the costs of
the program. The commission shall establish by regulation the amount to be
charged. Those companies shall collect the surcharge from their customers and
transfer the money collected to the commission pursuant to regulations adopted
by the commission.

3. The fund for telecommunications and relay services for persons with impaired speech or
hearing is hereby created as a special revenue fund to be administered by the
division. Any money collected from the surcharge imposed pursuant to subsection
2 must be deposited in the state treasury for credit to the fund. The money in
the fund may be used only:

(a) For the purchase, maintenance, repair and
distribution of the devices for telecommunication [;], including the distribution of devices to state
agencies and nonprofit organizations;

(b) To establish and
maintain the dual-party relay system;

(c) To reimburse
telephone companies for the expenses incurred in collecting and transferring to
the commission the surcharge imposed by the commission;

[(c)](d) For the general administration of the
program; and

[(d)](e) To train persons in the use of the devices.

4. For the purposes of this section [, a device]:

(a) Device for
telecommunication means a device which has a keyboard used to send messages by
telephone, which visually displays or prints messages received and which is
compatible with the system of telecommunication with which it is being used.

(b) Dual-party relay
system means a system whereby persons who have impaired speech or hearing, and
who have been furnished with devices for telecommunication, may relay
communications through third parties to persons who do not have access to such
devices.

________

CHAPTER 601, AB 929

Assembly Bill No.
929Committee on Transportation

CHAPTER 601

AN ACT relating to motor carriers;
advancing the effective date of Senate Bill No. 355 of this session; and
providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Section 1 of Senate
Bill No. 355 of this session is hereby amended to read as follows:

Section 1. NRS
706.351 is hereby amended to read as follows:

706.351 1. It
is unlawful for:

(a) A common or
contract motor carrier to furnish any pass, frank, free or reduced rates for
transportation to any state, city, district, county or municipal officer of
this state or to any person other than those specifically enumerated in this
section.

(b) Any person other
than those specifically enumerated in this section to receive any such pass,
frank, free or reduced rates for transportation.

2. This section
does not prevent the carriage, storage or hauling free or at reduced rates of
property for charitable purposes for the United States, the State of Nevada or any
political subdivision thereof.

3. This chapter
does not prohibit any common carrier from giving free or reduced rates for
transportation of persons to:

(a) Its own officers,
commission agents or employees, or members of any profession licensed under
Title 54 of NRS retained by it, and members of their families.

(b) Inmates of
hospitals or charitable institutions and persons over [65]60 years of age.

(c) Persons who are
physically handicapped or mentally handicapped and who present a written statement
from a physician to that effect.

(d) Persons injured in
accidents or wrecks and physicians and nurses attending such persons.

(e) Persons providing
relief in cases of common disaster.

(f) Contractors and
their employees, in carrying out the provisions of any contract to which the
carrier is a party.

(g) Attendants of
livestock or other property requiring the care of an attendant, who must be
given return passage to the place of shipment, if there is no discrimination
among shippers of a similar class.

(h) Officers, agents,
employees or members of any profession licensed under Title 54 of NRS, together
with members of their families, who are employed by or affiliated with other
common carriers, if there is an interchange of [such]
free or reduced rates for transportation.

(i) Indigent,
destitute or homeless persons when under the care or responsibility of charitable
societies, institutions or hospitals, together with the necessary agents
employed in such transportation.

(j) Students of institutions
of learning.

4. This section
does not prohibit common motor carriers from giving free or reduced rates for
the transportation of property of:

(a) Their officers,
commission agents or employees, or members of any profession licensed under
Title 54 of NRS retained by them, or pensioned or disabled former employees,
together with that of their dependents.

(b) Witnesses
attending any legal investigations in which such carriers are interested.

(c) Persons providing
relief in cases of common disaster.

(d) Contractors and
their employees in carrying out the provisions of any contract to which the
carrier is a party.

5. This section
does not prohibit a common motor carrier or broker from giving free or reduced
rates for the transportation of groups of persons participating in a tour of an
area if the tour is for a purpose other than transportation.

6. This section
does not prohibit the commission from establishing reduced rates, fares or
charges for specified routes or schedules of any common motor carrier providing
transit service if the reduced rates, fares or charges are determined by the
commission to be in the public interest.

7. [Employees as]As
used in this section, employees includes:

(a) Furloughed,
pensioned and superannuated employees.

(b) Persons who have
become disabled or infirm in the service of such carriers.

(c) Persons who are
traveling to enter the service of such a carrier.

Sec. 2. Section 2 of Senate Bill
No. 355 of this session is hereby amended to read as follows:

(a) A common or
contract motor carrier to furnish any pass, frank, free or reduced rates for
transportation to any state, city, district, county or municipal officer of
this state or to any person other than those specifically enumerated in this
section.

(b) Any person other
than those specifically enumerated in this section to receive any such pass,
frank, free or reduced rates for transportation.

2. This section
does not prevent the carriage, storage or hauling free or at reduced rates or
property for charitable purposes for the United States,
the State of Nevada or any political subdivision thereof.

the United States, the State of
Nevada or any political subdivision thereof.

3. This chapter
does not prohibit any common carrier from giving free or reduced rates for
transportation of persons to:

(a) Its own officers,
commission agents or employees, or members of any profession licensed under
Title 54 of NRS retained by it, and members of their families.

(b) Inmates of
hospitals or charitable institutions and persons over 60 years of age.

(c) Persons who are
physically handicapped or mentally handicapped and who present a written
statement from a physician to that effect.

(d) Persons injured in
accidents or wrecks and physicians and nurses attending such persons.

(e) Persons providing
relief in cases of common disaster.

(f) [Contractors and their employees, in carrying out the
provisions of any contract to which the carrier is a party.

(g)]
Attendants of livestock or other property requiring the care of an attendant,
who must be given return passage to the place of shipment, if there is no
discrimination among shippers of a similar class.

[(h)](g) Officers, agents, employees or members
of any profession licensed under Title 54 of NRS, together with members of
their families, who are employed by or affiliated with other common carriers,
if there is an interchange of free or reduced rates for transportation.

[(i)](h) Indigent, destitute or homeless persons
when under the care or responsibility of charitable societies, institutions or
hospitals, together with the necessary agents employed in such transportation.

[(j)](i) Students of institutions of learning.

4. This section
does not prohibit common motor carriers from giving free or reduced rates for
the transportation of property of:

(a) Their officers,
commission agents or employees, or members of any profession licensed under
Title 54 of NRS retained by them, or pensioned or disabled former employees,
together with that of their dependents.

(b) Witnesses attending
any legal investigations in which such carriers are interested.

(c) Persons providing
relief in cases of common disaster.

[(d) Contractors
and their employees in carrying out the provisions of any contract to which the
carrier is a party.]

5. This section
does not prohibit a common motor carrier or broker from giving free or reduced
rates for the transportation of groups of persons participating in a tour of an
area if the tour is for a purpose other than transportation.

6. This section
does not prohibit the commission from establishing reduced rates, fares or
charges for specified routes or schedules of any common motor carrier providing
transit service if the reduced rates, fares or charges
are determined by the commission to be in the public interest.

if the reduced rates, fares or
charges are determined by the commission to be in the public interest.

7. As used in
this section, employees includes:

(a) Furloughed,
pensioned and superannuated employees.

(b) Persons who have
become disabled or infirm in the service of such carriers.

(c) Persons who are
traveling to enter the service of such a carrier.

Sec. 3. Senate Bill No. 355 of
this session is hereby amended by adding thereto a new section designated
section 3, following section 2, to read as follows:

Sec. 3. This
act becomes effective upon passage and approval.

Sec. 4. This act becomes
effective upon passage and approval.

________

CHAPTER 602, SB 188

Senate Bill No. 188Senators
Getto, Jacobsen and Rhoads

CHAPTER 602

AN ACT relating to boards of county
commissioners; allowing a board to hold certain meetings at any place within
the county; authorizing the board to allow county officers to open branch
offices; and providing other matters properly relating thereto.

[Approved June 28, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 244.085 is
hereby amended to read as follows:

244.085 1. Except as otherwise provided in this section, the meetings of the
boards of county commissioners must be held at the county seats of their
respective counties, or at a place not more than 10 miles from the county seat
within the boundaries of the county, at least once in each calendar month, on a
day or days to be fixed by ordinance.

2. If the day fixed by ordinance falls on
a Saturday or on a nonjudicial day, the meeting must be held on the next
judicial day.

3. The first meeting of the board in
odd-numbered years must be held on the first Monday in January, but if the
first Monday in January is a nonjudicial day, the meeting must be held on the
next judicial day.

4. The meeting day and place as fixed by
ordinance must remain unchanged, unless notice of a proposed change is
published once a week for 3 consecutive weeks in a newspaper of general circulation
in the county.

5. Additional
meetings of the board of county commissioners may be held at any place within
the boundaries of the county. If the board meets outside the county seat,
notice of the meeting must be given by publication once a week for 3
consecutive weeks in a newspaper of general circulation published in the county
or by publication for 1 week in two or more newspapers of general circulation
published in the county.

6. At a meeting
held outside the county seat, the board of county commissioners shall not take
any final action on zoning or planning matters which relate to a different geographical area than the geographical
area in which the meeting is held.

relate to a different geographical
area than the geographical area in which the meeting is held.

7. The
board may meet with the governing body of [any
other]another governmental unit at
any location, but the meeting may not be held at a place which is more than 10
miles from the county seat unless the board, in addition to complying with all
other requirements for notice of a meeting of the board, provides notice by
publication in a newspaper of general circulation within the county, for at
least 3 working days before the meeting, of the date, time and place of the
meeting.

[6. When
the board of county commissioners resolves itself into a committee of the
whole, the committee of the whole may meet for informational purposes at any
place to discuss only matters of general interest to the particular area. The
committee of the whole cannot take any final action and its power is limited to
recommendations to the board of county commissioners.]

Sec. 2. NRS 245.040 is
hereby amended to read as follows:

245.040 1. Sheriffs, county
recorders and county auditors, county clerks, county assessors and county
treasurers shall keep an office at the county seat of their county which must
be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12
m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m.
to 5 p.m. for the transaction of public business, but nothing contained in this
subsection interferes with any duty now required of any public [official]officer
under any of the election laws of this state. County clerks shall keep their
offices open on all election days during the hours when the polls are open for
voting but may, with the consent of the district judge of the county, close
their offices for all purposes except election business and the issuance of
marriage licenses on any day on which the primary or general election is held.

2. Notwithstanding the provisions of
subsection 1, the board of county commissioners of any county may, by an order
regularly made and entered in the records of its proceedings, designate the
days and hours during which the offices of the sheriff, county recorder and
county auditor, county clerk, county assessor and county treasurer must be kept
open for the transaction of public business. Any order so made and entered must
require each office to be kept open for not less than 40 hours during each
week, and must not prevent the county clerk from closing his office for all purposes
except election business and the issuance of marriage licenses on primary and
general election days as provided in subsection 1.

3. [Any
officer violating]The board of county
commissioners may authorize a county officer to rent, equip and operate, at
public expense, one or more branch offices in the county. The branch office
must be kept open for the transaction of public business on the days and during
the hours specified in subsections 1 and 2. The provisions of this subsection
do not preempt any other statutory provisions which require certain duties to
be performed at the county seat.

4. A county
officer who violates the provisions of this section is guilty of a
misdemeanor, and if [any]an officer mentioned in subsection 1 absents himself
from his office , except:

(b) When expressly permitted so to do by the
board of county commissioners or a majority of the members thereof in writing;
or

(c) When he [first]
makes provision to leave his office open for the transaction of public business
on the days and during the hours prescribed by this section and in charge of a
deputy qualified to act in his absence,

there must be withheld from his monthly salary that
proportion thereof as the number of days of absence bears to the number of days
of the month in which [such]the absence occurs. The money must be withheld from
payment of salary to the officer for the next succeeding month by order of the
board of county commissioners [; but no order in
the premises may], but such an order must
not be made without first giving the officer affected reasonable notice and
an opportunity to appear before the board and defend the charge against him.

________

CHAPTER 603, AB 123

Assembly Bill No.
123Assemblyman Nevin

CHAPTER 603

AN ACT relating to highways; creating a
board to administer the department of transportation; and providing other
matters properly relating thereto.

[Approved June 29, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 408 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
6.5, inclusive, of this act.

Sec. 2. Board means the board of directors of the department of
transportation.

Sec. 3. 1. There is hereby created a department of
transportation, administered by a seven-member board of directors consisting of
the governor, the lieutenant governor, the attorney general and the state
controller, who serve ex officio, and three members who are appointed by the
governor. If one of the four constitutional offices is vacant, the secretary of
state shall serve ex officio on the board until the vacancy is filled.

2. The governor
shall appoint as members of the board three persons who are residents of
Nevada, informed on and interested in the construction and maintenance of
highways and other matter relating to transportation. Each of the three members
so appointed must reside in a different highway district and possess at least
one of the following qualifications:

(a) Knowledge of
engineering evidenced by the possession of a bachelor of science degree in
civil or structural engineering and licensure in this state as a professional
engineer.

(b) Demonstrated
expertise in financial matters and business administration.

(c) Demonstrated
expertise in the business of construction evidenced by the possession of a
license as a general contractor and experience as a principal officer of a firm
licensed in this state.

The governor shall not appoint any
person who is currently employed in the field of or has a substantial financial
interest in the construction or maintenance of highways in this state.

3. The governor
shall serve as chairman of the board and the members of the board shall elect
annually a vice chairman.

4. Each member of
the board who is not a public officer is entitled to receive as compensation
$80 for each day or portion of a day during which he attends a meeting of the
board or is otherwise engaged in the business of the board plus the per diem
allowance and travel expenses provided for state officers and employees
generally.

5. After the
initial terms, the appointed members of the board shall serve terms of 4 years.

Sec. 4. 1. The board shall adopt a seal for use in
authenticating contracts, records and proceedings of the department.

2. The board shall
appoint a secretary from within the department, who shall:

(a) Attend all meetings
of the board.

(b) Keep complete and
accurate records of all the meetings, business and transactions of the board.

(c) Keep in his custody
the seal of the board, and may impress it upon all contracts and documents on
which it is necessary or appropriate.

(d) With the approval of
the board, prepare upon the request of any interested person copies of any
contract or document in his custody, and may certify the contract or document.
He shall not permit the originals to be taken from his custody by any person
except members and employees of the department.

(e) Receive no extra
compensation for his services.

3. The duties of
the secretary are ex officio. His appointment is not subject to the provisions
of chapter 284 of NRS.

Sec. 5. The board shall hold meetings at such times and places, and
for such periods and purposes, as it deems essential to the proper execution of
the provisions of this chapter.

Sec. 6. The board shall:

1. Consider, at
its meetings, all questions relating to the general policy of the department
and transact such business as properly comes before it.

2. Receive and
consider, at such time as the board selects, an annual report by the director.

3. Except as
otherwise provided in NRS 408.203, act for the department in all matters
relating to recommendations, reports and such other matters as the board finds
advisable to submit to the legislature.

4. Maintain a
record of all proceedings of the board.

5. Execute or
approve all instruments and documents in the name of the state or the
department necessary to carry out the provisions of this chapter.

6. Delegate to the
director such authority as it deems necessary under the provisions of this
chapter.

Sec. 6.5. Before the board or the director may enter into an agreement
providing for a study of the operations of the department, the process to be
used to select a person to perform the study and the proposed agreement for the
study must be approved by the legislature by concurrent resolution, or by the
interim finance committee if the legislature is not in session.

Sec. 7. NRS 408.020 is
hereby amended to read as follows:

408.020 As used in this chapter the words
and terms defined in NRS 408.037 to 408.095, inclusive, and
section 2 of this act, unless the context otherwise requires, have the
meanings ascribed to them in those sections.

Sec. 8. NRS 408.100 is
hereby amended to read as follows:

408.100 Recognizing that safe and
efficient highway transportation is a matter of important interest to all the
people of the state, and that an adequate highway system is a vital part of the
national defense, the legislature hereby determines and declares that:

1. An integrated system of state highways
and roads is essential to the general welfare of the state.

2. Providing such a system of facilities,
its efficient management, maintenance and control is recognized as a problem
and as the proper prospective of highway legislation.

3. Inadequate highways and roads obstruct
the free flow of traffic, resulting in undue cost of motor vehicle operation,
endangering the health and safety of the citizens of the state, depreciating
property values, and impeding general economic and social progress of the
state.

4. In designating the highways and roads
of the state as provided in this chapter, the legislature places a high degree
of trust in the hands of those officials whose duty it is, within the limits of
available funds, to plan, develop, operate, maintain, control and protect the
highways and roads [facilities] of
this state, for present as well as for future use.

5. To this end, it is the express intent
of the legislature to make the [director]board of directors of the department of
transportation custodian of the state highways and roads and to provide
sufficiently broad authority to enable the [director]board to function adequately and efficiently in
all areas of appropriate jurisdiction, subject to the limitations of the
constitution and the legislative mandate proposed in this chapter.

6. The legislature intends:

(a) To declare, in general terms, the powers and
duties of the [director,]board of directors, leaving specific details to be
determined by reasonable regulations and declarations of policy which the [director]board
may promulgate.

(b) By general grant of authority to the [director]board
of directors to delegate sufficient power and authority to enable [him]the board
to carry out the broad objectives contained in this chapter.

7. The problem of establishing and
maintaining adequate highways and roads, eliminating congestion, reducing
accident frequency and taking all necessary steps to [insure]ensure safe and convenient transportation on
these public ways is no less urgent.

8. The legislature hereby finds,
determines and declares that this chapter is necessary for the preservation of
the public safety, the promotion of the general welfare,
the improvement and development of facilities for transportation [facilities]
in the state, and other related purposes necessarily included therein, and as a
contribution to the system of national defense.

general welfare, the improvement and development of facilities for transportation [facilities]
in the state, and other related purposes necessarily included therein, and as a
contribution to the system of national defense.

9. The words construction,
maintenance and administration used in section 5 of Article 9 of the
constitution of the State of Nevada are broad enough to be construed to include
and as contemplating the construction, maintenance and administration of the
state highways and roads as established by this chapter and the landscaping,
roadside improvements and planning surveys of the state highways and roads.

Sec. 9. NRS 408.116 is
hereby amended to read as follows:

408.116 1. All legal
notices, writs, service and process issued or ordered by a court of competent
jurisdiction wherein the department is named as a [party]
defendant must be personally served upon both the
director and the chairman of the board or, in the
absence of the director [,]and the chairman of the board, the process must be
served personally upon both the secretary of
state and [also upon] the deputy
director.

2. All legal actions brought and defended
by the department must be in the name of the State of Nevada on relation of its
department.

3. This section is not a consent on the
part of the department to be sued.

Sec. 10. NRS 408.160 is
hereby amended to read as follows:

408.160 The [governor]board shall select a person to be the director of
the department who:

1. Is responsible to the [governor;]board;
and

2. Serves at the pleasure of the [governor.]board.

Sec. 11. NRS 408.170 is
hereby amended to read as follows:

408.170 The director shall devote his
whole time to the duties of his office, and may be removed by the [governor]board
at any time.

Sec. 12. NRS 408.172 is
hereby amended to read as follows:

408.172 1. Subject to the
approval of the [director,]board, the attorney general shall, immediately upon
request by the [director,]board, appoint an attorney at law as the chief counsel
of the department, and such assistant attorneys as are necessary. Attorneys so
appointed are deputy attorneys general.

2. The chief counsel shall act as the
attorney and legal adviser of the department in all actions, proceedings,
hearings and all matters relating to the department and to the powers and
duties of its officers.

3. Under the direction of or in the
absence of the chief counsel, the assistant attorneys may perform any duty
required or permitted by law to be performed by the chief counsel.

4. The chief counsel and assistant
attorneys are in the unclassified service of the state.

5. All contracts, instruments and
documents executed by the department must be first approved and endorsed as to
legality and form by the chief counsel.

Sec. 13. NRS 408.205 is
hereby amended to read as follows:

408.205 1. [The]With the
approval of the board, the director may execute all plans,
specifications, contracts and instruments in the name of the State of Nevada
necessary for the carrying out of the provisions of this chapter,
except those construction contracts as provided in NRS 408.327 and 408.347.

chapter, except those construction contracts as provided in
NRS 408.327 and 408.347.

2. The director has such other power and
authority as [may be]is necessary and proper under the provisions of this
chapter [.],
or as the board delegates to him.

3. The director shall provide for the
purchase of United States Savings Bonds or similar United States obligations by
salary or wage deductions for officers and employees of the department who make
written requests for such deductions and purchases. [For
the purpose of allowing]To allow
all department officers and employees the opportunity of requesting salary or
wage deductions for the purchase of United States obligations, the director
shall provide forms authorizing the deductions and purchases and shall make
them readily available to all department officers and employees.

Sec. 14. NRS 408.206 is
hereby amended to read as follows:

408.206 The [director]board may:

1. Adopt such rules, bylaws, motions and
resolutions, not inconsistent with this chapter, as [may
be]are necessary to govern the
administration, activities and proceedings of the department.

2. On behalf of the State of Nevada,
enter into agreements with any adjoining state, or any proper agency of such a state, for the construction, reconstruction,
improvement, operation and maintenance by any party to such agreement, in such
manner and by such means as [may be]are provided in the agreement, of bridges over
interstate waters, and may enter into like agreements with respect to the construction, reconstruction, improvement,
operation and maintenance of highways within the State of Nevada or [such]an
adjoining state, when [such]the highways are at or near the common boundary of the
states.

3. Authorize the department to join
associations of highway officials of other states and other organizations which
have [been heretofore or may hereafter be
established, having] as their purpose the interchange of
information [,]and the establishment of standards and policies
relating to highway construction, reconstruction, improvement, maintenance and
administration.

4. Designate by regulation alternative
routes for the transport of radioactive, chemical or other hazardous materials
over the highways or county roads in this state, in lieu of the preferred
highways for such transport designated by the United States Department of
Transportation, or approve alternative routes set forth in a proposed county or
city ordinance if the regulation or ordinance does not conflict with the
standards for alternative routes established by the United States Department of
Transportation.

Sec. 15. NRS 408.207 is
hereby amended to read as follows:

408.207 1. The [director]board
may sell or lease any of the states water rights which are appurtenant to real
property acquired pursuant to this chapter to a public utility engaged in the
business of furnishing water for municipal, industrial and domestic purposes
without first offering those water rights to the public.

2. If a public utility wishes to dispose
of any water right acquired pursuant to subsection 1, it must be reconveyed to
the state.

408.208 1. Whenever the
legislature is not in session, the [director]board may borrow, with the approval of the state
board of examiners, money from financial institutions for short periods to
carry out the responsibilities of the department.

2. To secure short-term financing, the [director]board
may pledge only revenue which [he]it anticipates the department will receive.

3. The lending institution has no claim
against the state, and may recover from the director under the loan agreement
only to the extent that the revenues pledged as security for the loan become
available.

Sec. 17. NRS 408.220 is
hereby amended to read as follows:

408.220 Before September 1 of each even-numbered
year, for the biennium ending June 30 of that year, and at such other times as
the [governor]board designates, the director shall report all the
proceedings of the department to the [governor.]board.

Sec. 18. NRS 408.225 is
hereby amended to read as follows:

408.225 Except as otherwise provided in
NRS 408.323, the director , with the approval of the
board, may rent, lease, purchase and contract for all equipment,
materials, supplies, vehicles, road machinery, tools, implements and technical
services [that may be] required for
the purpose of this chapter. Such equipment, supplies and services must be
managed and used under the control of the director.

Sec. 19. NRS 408.240 is
hereby amended to read as follows:

408.240 1. Upon the written
request of the [director,]board, the state controller shall draw his warrant in
favor of the director in the sum of $250,000, and in such additional sums not
exceeding a total of $250,000 as the [director
may]board from time to time [request,]requests,
and upon presentation of such a warrant to the state treasurer, the state
treasurer shall pay it.

2. Such a sum of not more than $500,000
is designated as the state highway revolving account, and may be used by the
department for the purpose of paying the current payrolls of the department and
other charges and obligations requiring prompt payment, and for no other
purposes.

3. All money paid by the department from
the state highway revolving account must, after payment thereof, be passed upon
by the state board of examiners in the same manner as other claims against the
state. When approved by the state board of examiners, the state controller
shall draw his warrant for the amount of such money paid in favor of the state
highway revolving account to be paid to the order of the director, and the
state treasurer shall pay the warrant.

4. The director shall deposit the state
highway revolving account in one or more banks of reputable standing and secure
the deposit by a depository bond satisfactory to the state board of examiners.

Sec. 20. NRS 408.273 is
hereby amended to read as follows:

408.273 The state board of examiners
shall, when so requested by the [director,]board of directors of the department of transportation,
issue special obligation bonds of the State of Nevada to provide money to
enable the department of transportation to complete pending and currently
projected highway construction projects, in an amount specified in the request.
The bonds may be issued at one time or from time to time,
and must be issued in accordance with the State Securities Law.

bonds may be issued at one time or from time to time, and
must be issued in accordance with the State Securities Law. These bonds must be
secured by a pledge of the appropriate federal highway grants payable to the
state and by taxes which are credited to the state highway fund , and must mature within not more than 5 years from
their date.

Sec. 21. NRS 408.275 is
hereby amended to read as follows:

408.275 1. The department
shall prepare highway planning surveys, maps and traffic studies for the
purposes of securing, preserving and furnishing all necessary information
relative to all highways of the state.

2. The department may construct and
maintain roadside parks for the convenience of the traveling public [and the roadside parks may be constructed]
at such locations as [may be selected by the director.]the director selects.

3. In order to provide information for
the traveling public, the director may maintain maps, informational directories
and advertising pamphlets at safety rest areas. The director may , with the concurrence of the board, contract with
persons experienced in financing and operating centers for the dissemination of
maps, directories, advertising pamphlets and other information of interest to
the traveling public by leasing to those persons available land at safety rest
areas for such periods of time and for such considerations as are determined by
the director to be in the best interests of the State of Nevada.

4. The department may receive any federal
money available for the purposes of this section under the federal acts described
in NRS 408.245.

5. The department shall adopt appropriate
regulations governing the use of roadside parks and safety rest areas in the
state.

Sec. 22. NRS 408.280 is
hereby amended to read as follows:

408.280 1. On or before July
15 of each year the [director shall have prepared
and presented]board shall prepare and
present to the governor a detailed proposed work program, the form and
content to be determined by the [director,]board, for the fiscal year ending the following
June 30, stating therein the amount, character, and nature of the construction,
reconstruction and improvements to be initiated on the highways within the
respective counties of the state during the ensuing fiscal year, together with
an estimate of the cost to complete such work.

2. The [director]board shall cause a copy of the proposed work
program to be printed and a copy mailed to the chairman of the board of county
commissioners of the several counties of the state, and a copy must be
furnished to all news media in the state.

Sec. 23. NRS 408.283 is
hereby amended to read as follows:

408.283 1. The department
may enter into cooperative agreements with any board of county commissioners in
the state for the improvement of any road.

2. Roads improved pursuant to this
section must belong to the county and must be maintained at the expense of the
county.

3. Each agreement entered into pursuant
to this section is effective upon the approval of the [director,]board of directors of the department of transportation,
and no money may be expended pursuant to an agreement except upon authorization
by the [director.]board.

408.2832 1. The [director]board
shall determine the priority of improvement of any road proposed pursuant to
NRS 408.283.

2. The [director]board shall not authorize the expenditure of
money for any agreement entered into pursuant to NRS 408.283 until [he]it
first determines that the county is able to perform its pro rata share of the
improvement and that it will maintain the project as required by the agreement.

Sec. 25. NRS 408.285 is
hereby amended to read as follows:

408.285 1. Except as
provided in subsection 2, only those highways which are owned and maintained by
the department in accordance with the provisions of this chapter are state
highways, and the department is responsible for their construction,
reconstruction, improvement and maintenance. Money available to the state
through the Acts of Congress described in NRS 408.245 or any other federal acts
may be used therefor. When federal money is made available under federal acts
authorizing the use of federal money to build roads in the national forests,
the [director]board may set aside for that purpose and expend highway
money on state highways built by the Federal Government.

2. Unless it has been expressly
designated as a state highway, every other highway, road, street, lane,
sidewalk, alley, pathway, waterway or any other way for the passage of a
person, animal or vehicle is not a state highway, and the department is not
liable for any damage arising from the use of that highway or for any hazard or
deficiency in that highway. Designation of any such way as a state highway may
be accomplished only by a written agreement properly executed by the director
and recorded in the county in which the highway is located.

3. Other highways may be designated by
the director as state routes if:

(a) They connect or extend existing state
highways; or

(b) Their construction, reconstruction,
improvement and maintenance by the department is anticipated within a
reasonable period.

4. For administrative purposes all state
highways and routes may be selected, designated and assigned route numbers by
the director. Numbers selected may conform so far as possible to applicable
federal designations of routes.

5. All roads connecting state parks with
state or county highways or city streets, where the title thereto is in the
state, are parts of the state highway system and may be maintained by the
state. The department may construct and maintain roads within state parks
subject to approval of locations and design by the division of state parks of
the state department of conservation and natural resources.

Sec. 26. NRS 408.323 is
hereby amended to read as follows:

408.323 1. Whenever it can
be justified by the director that limited work or improvements can be done in a
more economical or other satisfactory manner than by contract under NRS
408.327, the director may , with the approval of the
board, execute such work or improvements with department facilities and
employees.

2. In the event of disaster or great
emergency the director may , with the approval of the
board, hire, employ or contract for such labor, materials and equipment
as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by the emergency or disaster ,
and the provisions of NRS 408.327 and 408.367 do not apply.

highway threatened or damaged by the emergency or disaster , and the provisions of NRS 408.327 and 408.367 do not
apply.

Sec. 27. NRS 408.333 is
hereby amended to read as follows:

408.333 1. Before furnishing
any person proposing to bid on any advertised work with the plans and
specifications for such work, the director shall require from the person a
statement, verified under oath, in the form of answers to questions contained
in a standard form of questionnaire and financial statement, which must include
a complete statement of the persons financial ability and experience in
performing public work of a similar nature.

2. Such statements must be filed with the
director in ample time to permit the department to verify the information
contained therein in advance of furnishing proposal forms, plans and
specifications to any person proposing to bid on the advertised public work, in
accordance with the regulations of the department.

3. Whenever the director is not satisfied
with the sufficiency of the answers contained in the questionnaire and financial
statement, he may refuse to furnish the person with plans and specifications
and the official proposal forms on the advertised project. Any bid of any
person to whom plans and specifications and the official proposal forms have
not been issued in accordance with this section must be disregarded, and the
certified check, cash or undertaking of such a bidder returned forthwith.

4. Any person who [may
be]is disqualified by the
director, in accordance with the provisions of this section, may request, in
writing, a hearing before the director and present again his check, cash or
undertaking and such further evidence with respect to his financial
responsibility, organization, plant and equipment, or experience, as might tend
to justify, in his opinion, issuance to him of the plans and specifications for
the work.

5. Such a person
may appeal the decision of the director to the board no later than 5 days
before the opening of the bids on the project. If the appeal is sustained by
the board, the person must be granted the rights and privileges of all other
bidders.

Sec. 28. NRS 408.347 is
hereby amended to read as follows:

408.347 1. All construction
contracts authorized by NRS 408.327 must be executed in the name of the State
of Nevada and must be signed by the chairman of the
board and attested by the director, under the seal of the department,
signed by the contracting party or parties, and the form and legality of such
contracts approved by the attorney general or chief counsel of the department.

2. When the contract is fully executed, a
copy of the same, including plans and specifications, must be filed in the
office of the department at Carson City, Nevada, and with the clerk of the
board of county commissioners of the county in which the work is to be
performed.

Sec. 29. NRS 408.353 is
hereby amended to read as follows:

408.353 1. Except as
otherwise provided in subsection 2, all members of the
board, directors and other officers or employees of the department are
prohibited from having any interest, directly or indirectly, in any contract
entered into by the department.

2. If the director of the department
deems it necessary to enter into a contract with one of the persons described
in subsection 1, he shall submit the proposed contract to
the state board of examiners for approval.

proposed contract to the state board of examiners for
approval. Upon its approval, the director may enter into the contract.

3. Any contract made in violation of this
section may be declared void at the instance of the state or any person
interested in the contract except a person prohibited from being interested in
it.

4. Any person violating the provisions of
this section, directly or indirectly, is guilty of a gross misdemeanor,
forfeits his office and is forever disqualified from holding any public office
in this state.

Sec. 30. NRS 408.367 is
hereby amended to read as follows:

408.367 1. [The]With the
approval of the board, the director may receive informal bids and award
contracts for highway construction, reconstruction, improvements, and
maintenance on projects estimated to cost not in excess of $50,000.

2. Such informal bids must be submitted
in accordance with due advertisement thereof being published for at least one
publication in any newspaper or publication.

3. The department shall:

(a) Mail a copy of the bid invitation by
certified mail to all qualified bidders who are on record with the department
as desiring to receive bid invitations on projects estimated to cost not in
excess of $50,000.

(b) Maintain a record of such certified
mailings.

4. Contracts awarded under the provisions
of this section must be accompanied by bonds and conditioned and executed in
the name of the State of Nevada, and must be signed by the director, under the
seal of the department, signed by the contracting party or parties, and the
form and legality of such contracts approved by the attorney general or chief
counsel of the department.

Sec. 31. NRS 408.397 is
hereby amended to read as follows:

408.397 Whenever in the construction,
reconstruction, maintenance or repair of any highway it appears to the director
that any portion of the highway is dangerous or inconvenient to the traveling
public in its existing location by reason of grades, dangerous turns or other
local conditions, or that the expense in the constructing, building,
rebuilding, maintaining or repairing of the highway would be unreasonably great
and could be materially reduced or lessened by change of route, the director
may divert or change the route, but [the]:

1. The
highway must not be changed or diverted to exclude any city or town unless the
consent of the governing body of that city or town has been obtained [.]; and

2. The director
shall submit a plan of the proposed change to the board which must be approved
by the board before action is taken to effect the change.

Sec. 32. NRS 408.403 is hereby
amended to read as follows:

408.403 1. [The]Upon a
resolution of the board, the department under the provisions of this
chapter may lay out, establish, acquire, open, construct, reconstruct, improve,
maintain, repair, regulate, vacate or abandon freeways, with the approval of
the board of county commissioners of the county in which [such freeways may be]the freeways are proposed and with the approval of the
city council of any incorporated city directly affected thereby.

2. The department has all such additional
and necessary authority relative to [such]
freeways as it possesses relative to other highways, including the authority to
acquire by gift, purchase, condemnation or otherwise [such]any real property or interests therein, including
abutters rights or access rights required for [such
freeways.]a freeway.

3. Where an existing highway, in whole or
in part, has been designated as, or included within, a freeway, existing
abutters rights of light, view and air, and easements of access to and from
abutting land may be extinguished by gift, purchase, condemnation or otherwise.

4. As a necessary adjunct of any freeway,
the department may lay out, establish, acquire, open, construct, reconstruct,
improve, maintain, repair, vacate or abandon frontage roads to provide service
and access from areas adjacent to such freeway.

Sec. 33. (Deleted by
amendment.)

Sec. 34. NRS 408.497 is
hereby amended to read as follows:

408.497 1. Any person
asserting any claim for compensation or damage for injury to land or interests
therein arising from the construction, alteration or improvement of any highway
constructed, altered or improved under the provisions of this chapter shall
first, as a condition precedent to the action authorized by subsection 2 and
not later than 2 years after final acceptance of the contract by the department
as defined in NRS 408.387, file such claim with the department, verified under
oath and containing all particulars regarding such claim. Such claim must be
promptly investigated by the director, who shall
recommend its disposition to the board, and if such claim or any portion
thereof is approved by the [director]board it must be paid upon obtaining a written
release of the entire claim, out of the state highway fund. The claimant must
be given written notice by registered mail of the [directors]boards decision.

2. Any claimant aggrieved by the [directors]boards
decision on such claim may commence, in the district court for the county in
which the land is situated, within 6 months after receipt of notice of the
decision on such claim, a proceeding in inverse condemnation against the
department seeking just compensation for an alleged taking or damaging of
private property for highway purposes, and if such proceeding is not so
commenced within such time it is forever barred.

Sec. 35. NRS 408.503 is
hereby amended to read as follows:

408.503 1. The department
shall not commence any legal action in eminent domain until the [director determines]board adopts a resolution declaring that the public
interest and necessity require the acquisition, construction, reconstruction,
improvement or completion by the state, acting through the department, of the
highway improvement for which the real property, interests therein or
improvements thereon are required, and that the real property, interests
therein or improvements thereon described in the resolution are necessary for
such improvement.

2. The [determination
of the director]resolution of the board
is conclusive evidence:

(a) Of the public necessity of such proposed
public improvement.

(b) That such real property, interests therein
or improvements thereon are necessary therefor.

(c) That such proposed public improvement is
planned or located in a manner that will be most compatible with the greatest
public good and the least private injury.

3. All legal actions in all courts
brought under the provisions of this chapter to enforce the right of eminent
domain [shall] take precedence over
all other causes and actions not involving the public interest, to the end that
all such actions, hearings and trials thereon [shall]must be quickly heard and determined.

Sec. 36. NRS 408.507 is
hereby amended to read as follows:

408.507 1. Real property held
in fee or improvements on the property acquired by the department in advance of
the actual construction, reconstruction or improvement of highways or in order
to avoid the payment of excessive damages, or held by the department pending a
determination in the future on its use or disposal may be leased or rented by
the department for fair market value in such manner and for such periods as are
determined by the director to be in the best interests of the state.

2. The director may lease for fair market
value space above and below the established grade line of the highway to state
and public agencies and private persons in such manner and for such periods as
he determines are in the best interest of the state, if:

(a) The full use and safety of the highway will
not be impaired;

(b) Vehicular or pedestrian access to that space
will not be required or permitted from the established grade line; and

(c) The free flow of traffic on the highway is
not interfered with in any way.

3. All leases of an interest in real
property entered into by the department before April 1, 1985, are hereby
ratified. All other leases entered into pursuant to subsection 2 must be
approved by the [director]board subject to the provisions of subsection 4.

4. If the department receives a proposal
to negotiate a lease pursuant to subsection 2, it shall publish a notice in a
newspaper of general circulation at least once a week for 2 weeks, stating that
it has received the proposal and that it will receive other proposals for use of
the space for 60 days after the completion of the publication. A copy of the
notice must be mailed to each local governmental unit in the affected area. If
the property is leased, it must be to the highest bidder for the space. The
requirements for publication and notice do not apply if the proposal was
received from an owner who controls the property on both sides of the highway.

5. All money received for leases and
rentals must be deposited with the state treasurer to be credited to the state
highway fund.

Sec. 37. NRS 408.523 is
hereby amended to read as follows:

408.523 1. The [director]board
may retain or may summarily vacate and abandon any portion of a state highway
if that portion has been superseded by relocation or has been determined to be
in excess of the needs of the department.

2. The [director]board shall act to abandon any easement, or to
vacate any highway, by [written notice.]resolution. A certified copy of the [notice]resolution
may be recorded without acknowledgment, certificate of acknowledgment, or
further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the
highway to be vacated, lies.

wherein any portion of the easement to be abandoned, or the
highway to be vacated, lies. No fee may be charged for such recordation. Upon
recordation, the abandonment or vacation is complete.

3. When a highway for which the state
holds only an easement is abandoned, or when any other easement is abandoned,
the property previously subject thereto is free from the public easement for
highway purposes. Where the state owns in fee the property on which the vacated
highway was located, the department shall dispose of that property as provided
in NRS 408.533.

4. In any proceeding for the abandonment
or vacation of any state highway or part thereof, the [director]board may reserve and except therefrom any
easements, rights or interests in the highway deemed desirable and in the best
interests of the state.

Sec. 38. NRS 408.527 is
hereby amended to read as follows:

408.527 1. Whenever the
department and the county or city concerned have entered into an agreement
providing therefor, and the legislative body of the county or city has adopted
a resolution consenting thereto, the [department]board may relinquish to the county or city any
portion of any state highway which has been deleted from the state highway
system by legislative enactment. The department may likewise relinquish any
portion of any state highway which has been superseded by relocation or which
the department determines exceeds its needs.

2. [The]By resolution of the board, the department may
upon request relinquish to the division of state lands of the state department
of conservation and natural resources for the public use of another state
agency any portion of any state highway which has been superseded by relocation
or which the department determines exceeds its needs.

3. Relinquishment must be made by [written notice.]a
resolution. A certified copy of the [notice]resolution must be filed with the legislative
body of the county or city concerned. The [notice]resolution must be recorded in the office of the
county recorder of the county where the land is located and, upon recordation,
all right, title and interest of the state in and to that portion of any state
highway vests in the county, city or division, as the case may be.

4. Nothing in NRS 408.523 limits the
power of the [department]board to relinquish abandoned or vacated portions of a
state highway to a county, city or the division. If the purpose for which it is
relinquished is abandoned or ceases to exist, then all right, title and
interest of the county, city or division reverts back to the department.

5. The vesting of all right, title and
interest of the department in and to portions of any state highways
relinquished previously by the department in the city, county or state agency
to which it was relinquished is hereby confirmed.

Sec. 39. NRS 408.533 is
hereby amended to read as follows:

408.533 1. All real
property, interests therein or improvements thereon and personal property
acquired before , on or after April 1, 1957, in
accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the board and if no longer needed for
highway purposes, be disposed of by the director in accordance with the
provisions of this section, except that:

(a) When the property was originally donated to
the state, then no charge may be made if it is returned to the original owner
or to the holder of the reversionary right.

(b) When the property has been wholly or
partially paid for by towns, cities or counties, then disposal of the property
and of money received therefor must be agreed upon by the governing bodies of
the towns, cities and counties and the department.

(c) When the title to the real property has been
acquired in fee under NRS 408.487 and 408.489 and, in the opinion of the [director,]board,
a sale by means of public auction or sealed bids is uneconomical or impractical
because:

(1) There is no access to the property;

(2) The property has value or an
increased value only to a single adjoining property owner; or

(3) Such sale would work an undue
hardship upon a property owner either as a result of a severance of the
property of that owner or a denial of access to a public highway,

the [department]board may enter into a direct sale of the
property with such an owner or someone else for its fair market value.

(d) When the property has been acquired and the
proposed purpose for which it was acquired is later abandoned by the
department, the department shall give notice of its intention to dispose of the
property by publication in a newspaper of general circulation in the county
where the property is situated. The notice must include the departments
appraisal of the fair market value of the property. Any person from whom the
property was purchased may purchase the property from the department within 60
days after the date of the notice at its fair market value.

(e) When the property is sought by another
public agency for a reasonable public use, the department may first offer the
property to the public agency at its fair market value.

2. All property, interests or
improvements not falling within the provisions of subsection 1 must be sold by
the department singly or in combination, to the highest bidder bidding for it
either at public auction or by sealed bids, the notice of which and terms of
which must be published in a newspaper of general circulation in the county
where the property is situated. Those auctions and openings of bids must be
conducted by the department.

3. It is conclusively presumed in favor
of any purchaser for value and without notice of any such real property,
interest therein or improvement thereon conveyed pursuant to this chapter that
the department acted within its lawful authority in acquiring and disposing of
the property, and that the director acted within his lawful authority in
executing any conveyance vesting title in the purchaser. All such conveyances
must be quitclaim in nature and the department shall not warrant title, furnish
title insurance or pay the tax on transfer of real property.

4. All sums of money received by the
department for the sale of real and personal property must be deposited with
the state treasurer to be credited to the state highway fund, unless the
Federal Highway Administration participated in acquisition of the property, in
which case a pro rata share of the money obtained by
disposal of the property must be paid to the Federal Highway Administration.

money obtained by disposal of the property must be paid to
the Federal Highway Administration.

5. The department may reserve and except
easements, rights or interests from the conveyance of any real property
disposed of in accordance with this section or exchanged pursuant to subsection
5 of NRS 408.489. Those easements, rights or interests include, but are not
limited to:

(a) Abutters rights of light, view or air.

(b) Easements of access to and from abutting
land.

(c) Covenants prohibiting the use of signs,
structures or devices advertising activities not conducted, services not
rendered or goods not produced or available on the real property.

Sec. 40. NRS 408.537 is
hereby amended to read as follows:

408.537 1. Upon receipt of
an application for consent to close a public road on public land, the
department shall give written notice of the application to the planning
agencies of the local governments, within 1 week after its receipt of the
application.

2. Each planning agency so notified shall
within 45 days after the notice is sent hold a public hearing on the
application at the place where it normally meets. If the road is located within
the jurisdiction of two or more planning agencies, each of those agencies must
hold a hearing.

3. Each planning agency shall notify the
public and every person known to have a vested private right of way over the
road for the purpose of grazing, mining or any other purpose for which such a
private right vests, by publication in one issue of a newspaper of general
circulation published in each of the counties in which the land is located and
by mailing to the last known address of each private user of the road. The
notice must be published at least 20 days before the date set for the hearing
and set forth the location of the road and the purpose for closing it as stated
in the application. The cost of publishing the notice must be borne by the
United States or by someone in its behalf.

4. The planning agency shall deliver its
written recommendation on the application, including the reasons for its
recommendation, to the department within 15 days after the conclusion of its
hearing on the application.

5. The application must contain such
information and supporting documents as are prescribed in regulations adopted
by the department [.]with the approval of the board.

Sec. 41. NRS 408.543 is
hereby amended to read as follows:

408.543 1. The
department shall hold a hearing on an application to close a public road on
public land within 45 days after it receives the written recommendation from
the planning agency. The department shall give notice of its hearing as
required by law. At its hearing the department shall receive any testimony
pertaining to any use of the road which is not repetitive and shall consider
the written recommendation of the planning agency.

2. The department
shall deliver its written recommendation on the application, including the
reasons for its recommendation, to the board within 15 days after the
conclusion of its hearing on the application.

Sec. 42. NRS 408.547 is
hereby amended to read as follows:

408.547 1. The [director]board
in deciding whether to grant or deny the consent of the state to close a public
road on public land shall:

(a) Balance the interests of the Federal
Government and the state; and

(b) Not apply standards or impose conditions
respecting the closure of a public road which are more restrictive than those
generally applicable to other persons or governmental agencies in this state.

2. In granting the consent of the state
the [director]board shall not grant or waive any right, privilege,
immunity or other incident of sovereignty provided for in NRS 328.085, except
subsection 3 of that section.

3. Consent to such a closure or the
extinguishing of a public use does not constitute consent to extinguish a
private use, and the states consent is contingent on compensation by the
Federal Government for the loss of a vested private right of way.

4. Any
recommendation of the department which is not acted on by the board within 30
days after it receives the application and which is not in conflict with the
requirements of this section is automatically approved unless the board in a
writing which is attached to the application and recommendation defers the
decision for a good cause.

5. The
consent of the [director]board to close a public road on public land must be
evidenced by a certificate signed by the [director,]chairman of the board and attested to by its secretary,
and delivered to the United States.

Sec. 43. NRS 410.300 is
hereby amended to read as follows:

410.300 Unzoned commercial or industrial
area means an area which, although not zoned by authority of state or local
law, ordinance or regulation, is actually used for commercial or industrial
purposes as determined and defined by criteria embodied in the written
agreement between the Secretary of Transportation and the [director.]board.

Sec. 44. NRS 410.330 is
hereby amended to read as follows:

410.330 The [director]board shall:

1. Enter into the agreement with the
Secretary of Transportation provided for by 23 U.S.C. § 131(d), setting forth
the criteria governing unzoned commercial or industrial areas and the spacing,
size and lighting of outdoor advertising coming within the exceptions contained
in subsections 4 and 5 of NRS 410.320. The criteria must be consistent with
customary use in the outdoor advertising industry in this state insofar as such
customary use is consonant with the objectives of the legislature as declared
in NRS 410.220 to 410.410, inclusive.

2. Prescribe regulations governing the
issuance of permits by the director for the erection and maintenance of outdoor
advertising coming within the exceptions contained in subsections 4 and 5 of
NRS 410.320. The regulations must be consistent with the criteria governing
size, lighting and spacing of outdoor advertising as established by agreement
between the Secretary of Transportation and the [director]board pursuant to subsection 1 of this section.

3. Prescribe regulations governing the
issuance of permits by the director for the erection and maintenance of outdoor
advertising coming within the exception contained in subsection 1 of NRS 410.320.
The regulations must be consistent with the national standards promulgated by
the Secretary of Transportation pursuant to 23 U.S.C. § 131(c)(1).

4. Prescribe regulations governing the
submission to the director of any declaration, resolution, certified copy of an
ordinance or other direction from the governing body of a
county, city or other governmental agency that removal of signs which provide
directional information about goods and services in the interest of the
traveling public would cause an economic hardship in a specifically defined
area.

the governing body of a county, city or other governmental
agency that removal of signs which provide directional information about goods
and services in the interest of the traveling public would cause an economic
hardship in a specifically defined area. Any such declaration, resolution or
ordinance must request the retention of the signs in the defined hardship area.
Upon receipt of a declaration, resolution or ordinance, the director shall
forward it to the Secretary of Transportation for inclusion as a defined
hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) and shall
comply with the regulations of the Federal Highway Administration relating to
applications for such exemptions. The regulations must provide that any local
governing body submitting a request for exemption must perform the economic
studies required by federal and state regulations to support the finding of
economic hardship in the defined area, and submit the results of the studies to
the director. This subsection does not apply to any highway which is a part of
the interstate or primary highway system if such application would prevent this
state from receiving federal funds or would result in sanctions against this state
for noncompliance under 23 U.S.C. § 131.

Sec. 45. NRS 410.390 is
hereby amended to read as follows:

410.390 1. [All persons and business entities]A person engaged in the business
of outdoor advertising ,[business,] which includes, but is not
limited to, the erection, maintenance and selling of advertising space on and
along the interstate and primary highways of this state, shall, not later than
January 1, 1972, furnish to the director a
written inventory of all outdoor advertising signs, displays or devices erected
and being maintained by such person .[or entity.] Such inventory must include,
with respect to each such sign, not less than the following information:

(a) Location and dimensions of the sign;

(b) Distance to the nearest edge of the right of
way;

(c) Date erected; and

(d) Name and address of the owner of the
property on which the sign is located.

2. For failure to comply with the
conditions set forth in this section the [director]board may declare such outdoor advertising signs,
displays or devices to be a public nuisance and remove them in the manner provided
by NRS 410.360.

Sec. 46. NRS 410.400 is
hereby amended to read as follows:

410.400 1. The [director]board
shall prescribe:

(a) Regulations governing the issuance of
permits for advertising signs, displays or devices and for the inspection and
surveillance of advertising signs, displays or devices; and

(b) Such other regulations as it deems necessary
to implement the provision of NRS 410.220 to 410.410, inclusive.

2. The department shall assess a
reasonable annual fee for each permit issued to recover administrative costs
incurred by the department in the issuance of the permits, and the inspection
and surveillance of advertising signs, displays or devices.

3. No fee may be collected for any
authorized directional sign, display or device, or for authorized signs,
displays or devices erected by chambers of commerce,
civic organizations or local governments, advertising exclusively any city,
town or geographic area.

commerce, civic organizations or local governments,
advertising exclusively any city, town or geographic area.

4. No fee may be collected for any
temporary sign, display or device advertising for or against a candidate,
political party or ballot question in an election if the sign, display or
device is:

(a) Erected not more than 60 days before a
primary election and concerns a candidate, party or question for that primary
or the ensuing general election; and

(b) Removed within 30 days after:

(1) The primary election if the
candidate, party or question is not to be voted on at the ensuing general
election.

(2) The general election in any other
case.

The department may summarily remove any temporary political
sign for which no fee has been paid if the sign is erected before or remains
after the times prescribed.

5. All fees collected pursuant to this
section must be deposited with the state treasurer for credit to the state
highway fund.

Sec. 47. NRS 11.208 is
hereby amended to read as follows:

11.208 An action by a contractor against
the department of transportation upon a contract for the construction,
reconstruction, improvement or maintenance of a highway must be commenced
within 3 years after the date of the:

1. Completion of the contract; or

2. Determination of the engineer or
decision of the [director]board of directors of the department of transportation
on an appeal of a claim arising from the contract as provided in the standard
specifications for construction of roads and bridges adopted by the department,

whichever occurs later.

Sec. 48. NRS 484.743 is
hereby amended to read as follows:

484.743 1. The [director]board
of directors of the department of transportation may by resolution authorize the movement of vehicles upon
the public highways, including without limitation motor vehicles, tractors,
trailers, semitrailers and combinations thereof, of a size and weight in excess
of the limits prescribed by this chapter, to such extent as may be authorized by
any legislation enacted by the Congress of the United States permitting such
increases without forfeiture of this states eligibility for federal aid in
highway construction and maintenance.

2. The [director]board of directors of the department of transportation
may by [regulation]resolution establish a reasonable fee or fees to be
charged by the department for the issuance of permits authorizing the operation
of oversize or overweight vehicles as provided in this chapter. The fee or fees
established must be in an amount set so that the aggregate amounts received
from the fee or fees do not exceed the estimated costs of administering the
permit system.

Sec. 49. NRS 484.779 is
hereby amended to read as follows:

484.779 1. Except as
otherwise provided in subsection 3, a local authority may adopt, by ordinance,
regulations with respect to highways under its jurisdiction within the
reasonable exercise of the police power:

(a) Regulating or prohibiting processions or
assemblages on the highways.

(b) Designating particular highways as one-way
highways and requiring that all vehicles thereon be moved in one specific direction.

(c) Designating any highway as a through
highway, requiring that all vehicles stop before entering or crossing the
highway, or designating any intersection as a stop or a yield intersection and
requiring all vehicles to stop or yield at one or more entrances to the
intersection.

(d) Designating truck and bicycle routes.

(e) Adopting such other traffic regulations
related to specific highways as are expressly authorized by this chapter.

2. An ordinance relating to traffic
control enacted under this section is not effective until official
traffic-control devices giving notice of those local traffic regulations are
posted upon or at the entrances to the highway or part thereof affected as [may be]is
most appropriate.

3. An ordinance enacted under this
section is not effective with respect to:

(a) Highways constructed and maintained by the
department of transportation under the authority granted by chapter 408 of NRS;
or

(b) Alternative routes for the transport of
radioactive, chemical or other hazardous materials which are governed by
regulations of the United States Department of Transportation,

until the ordinance has been approved by the [director]board
of directors of the department of transportation.

4. As used in this section, hazardous
material has the meaning ascribed to it in NRS 459.700.

Sec. 50. As soon as
practicable after October 1, 1989, the governor shall appoint to the board of
directors of the department of transportation:

AN ACT relating to traffic laws;
increasing the fine for unlawful use of parking spaces designated for the
handicapped; making various changes concerning special parking permits, special
plates and temporary parking permits; and providing other matters properly
relating thereto.

[Approved June 29, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 482.384 is
hereby amended to read as follows:

482.384 1. The department
may issue special plates to any person who owns a motor vehicle, other than a
commercial vehicle, and has a permanent physical handicap which impairs his
mobility when not in a motor vehicle.

2. The department may issue a special
parking permit to any person who:

(a) Owns or does not own a motor vehicle;

(b) Has a permanent physical handicap which
impairs his driving ability and impairs his mobility when not in a motor
vehicle; and

(c) Has need to be driven by another person to a
destination in a motor vehicle,

or to any organization which provides transportation for such
a person.

3. The department may make such
regulations as are necessary to ascertain eligibility for [such] special parking permits and
special plates.

4. Applications for special parking
permits or special plates for physically handicapped persons must be made to
the department on forms provided by the department which must require
information necessary to determine the applicants eligibility for a permit or
special plates for physically handicapped persons and must be accompanied by a
certificate from a licensed physician describing the character and extent of
the applicants disability or the general nature of the disabilities of any
persons for whom an organization will provide transportation.

5. The department
shall charge a fee of no more than $10 for the issuance of the special parking
permit to cover the cost of materials.

6. Physically
handicapped persons shall pay the regular motor vehicle registration fee as
prescribed by this chapter. [No additional fee
may be charged for special parking permits or special plates.

6.]7. Except as otherwise
provided in this subsection, only one special parking permit or one set of
special plates for physically handicapped persons may be issued to any eligible
applicant in any one registration period. An organization which will provide
transportation for others may obtain one permit for each person so engaged or
vehicle to be used.

[7.]8. Each set of special plates for
physically handicapped persons issued pursuant to this section expires at the
end of the last registration month of the registration period for which it was
issued.

[8.]9. Each special parking permit issued pursuant to
this section must contain:

(a) If issued to a
natural person, a picture of that person;

(b) If issued to an
organization, the name of that organization;

(c) The address of the
natural person or organization to which it is issued;

(d) A statement
concerning the disability for which the permit is necessary; and

(e) The name of the
licensed physician who signed the certificate required by subsection 4.

10. The department
shall provide to each person to whom it issues a special parking permit or
special plates pursuant to this section, a card identifying that person as the
holder of the permit or plates.

11. Permits
or special plates issued pursuant to this section do not authorize parking in
any area on a highway where parking is prohibited by law.

[9.]12. Special plates issued pursuant to this
section must be of a design determined by the department.

[10. No]

13. A
person, other than the physically handicapped person or a person actually
transporting the physically handicapped person, [may]shall not use the special parking permit or
special plates issued to the handicapped person for the purpose of obtaining
the special parking privileges available [under]pursuant to this section.

[11.]14. Any person who violates the provisions
of subsection [10]13 is guilty of a misdemeanor.

[12.]15. The department shall review the
eligibility of each holder of a special parking permit or special plates at
least once every 2 years. Upon a determination of ineligibility by the department,
the holder shall surrender the permit or plates to the department.

Sec. 2. NRS 482.3845 is
hereby amended to read as follows:

482.3845 1. Each county and
city shall provide for the issuance of temporary parking permits for motor
vehicles used by or for persons having temporary handicaps which impair their
ability to walk [. Each such permit]and which necessitate the use of crutches, a wheelchair
or a similar type of assistance. A temporary parking permit may be issued only
upon the certification of a licensed physician describing the character, extent
and estimated duration of the applicants temporary handicap. Each permit must
be issued for a period of not more than 90 days, and must contain the
date of its expiration. The county or city may grant one
extension of the permit for not more than 90 days upon the presentation of the
certification of a licensed physician that the persons temporary handicap will
continue to exist beyond the period for which the permit was first issued.

2. A county or city may:

(a) Charge a reasonable fee for the issuance of [such temporary parking]the permits.

(b) Arrange to have the permits issued through
facilities which provide physical therapy or other services to such handicapped
persons, as their needs for the permits arise.

484.408 1. Any parking space
designated for the handicapped must be indicated by a sign:

(a) Bearing the international symbol of
accessibility with or without the words Parking, Handicapped Parking,
Handicapped Parking Only, or Reserved for the Handicapped, or any other
word or combination of words indicating that the space is designated for the
handicapped; [and]

(b) Stating [Fine]Minimum fine of $100 for use by others or
equivalent words [.]; and

(c) The bottom of which
must be not less than 4 feet above the ground.

2. A person shall not park a vehicle in a
space designated for the handicapped [,]by a sign that meets the requirements of subsection 1,
whether on public or privately owned property, unless he is eligible to do so
and the vehicle displays:

(a) Special license plates for a handicapped
person;

(b) A parking permit for a handicapped person; or

(c) An officially recognized emblem issued by
this state or another jurisdiction indicating that the driver or a passenger in
the vehicle is eligible .[;
or

(d) Special license
plates for a disabled veteran.]

3. A person shall not use such a plate,
permit or emblem for a vehicle for the purpose of parking unless he is
handicapped [, a disabled veteran]
or is the driver of a vehicle in which a handicapped person [or a disabled veteran] is a passenger.

4. Any person who violates any provision
of this section shall be punished :

(a) Upon the first
offense by a fine of $100.

(b) Upon the second
offense by a fine of $250.

(c) Upon the third or
subsequent offense by a fine of not less than $250 nor more than $1,000.

Sec. 4. Any special parking
permit or special plates issued pursuant to the provisions of NRS 482.384
before October 1, 1989, are valid until their expiration.

Sec. 5. Any temporary
parking permit issued pursuant to the provisions of NRS 482.3845 before October
1, 1989, is valid until its expiration.

________

κ1989
Statutes of Nevada, Page 1318κ

CHAPTER 605, AB 934

Assembly Bill No.
934Committee on Education

CHAPTER 605

AN ACT relating to education; authorizing
the state board of education to accept and use gifts and grants to expand and
promote its program to improve the literacy of adults in Nevada; and providing
other matters properly relating thereto.

[Approved June 29, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The state board
of education may accept and expend any gifts and grants it receives during the
1989-1990 and 1990-1991 fiscal years to expand and promote its program to
improve the basic literacy of adults in Nevada.

Sec. 2. This act becomes
effective upon passage and approval.

________

CHAPTER 606, AB 699

Assembly Bill No.
699Committee on Commerce

CHAPTER 606

AN ACT relating to cosmetology; making
various changes to provisions governing the state board of cosmetology;
providing for the issuance of provisional licenses for instructors of
cosmetology; and providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 644 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The board may
grant a provisional license as an instructor to a person who:

(a) Has successfully
completed the 12th grade in school or its equivalent;

(b) Has practiced as a
full-time licensed cosmetologist, aesthetician or manicurist for 1 year; and

(c) Has paid the fee
established pursuant to subsection 2.

2. The board shall
establish and collect a fee of not less than $25 nor more than $40 for the
issuance of a provisional license as an instructor.

3. A person issued
a provisional license pursuant to this section may act as an instructor for compensation
while accumulating the number of hours of training as a teacher required for an
instructors license.

4. A provisional
license as an instructor expires upon accumulation by the licensee of the
number of hours of training as a teacher required for an instructors license.
The board may grant an extension of not more than 90 days to those provisional
licensees who have applied to the board for examination as instructors and are
awaiting examination.

644.030 1. The
state board of cosmetology consisting of [five]seven members appointed by the governor is hereby
created.

2. The board must
consist of four cosmetologists, one manicurist, one aesthetician and one member
representing customers of cosmetology.

Sec. 3. NRS 644.040 is
hereby amended to read as follows:

644.040 1. No person is
eligible for appointment as a member of the board:

(a) Who is not licensed as a manicurist,
electrologist, aesthetician or cosmetologist under the provisions of this
chapter.

(b) Who is not, at the time of appointment, [either actually engaged in conducting a cosmetological
establishment, or] actually engaged in the practice of [a]his respective
branch of cosmetology.

(c) Who is not at least 25 years of age.

(d) Who has not been a resident of this state
for at least 3 years immediately before his appointment.

2. The
requirements of paragraphs (a) and (b) of subsection 1 do not apply to a person
appointed to represent customers of cosmetology.

3. Not more
than one member of the board may be connected, directly or indirectly, with any
school of cosmetology, or have been so connected while previously serving as a
member of the board.

Sec. 4. NRS 644.190 is
hereby amended to read as follows:

644.190 1. It is unlawful
for any person to conduct or operate a cosmetological establishment, school of
cosmetology, facility for demonstrations or any other place of business in
which any one or any combination of the occupations of cosmetology are taught
or practiced until licensed under the provisions of this chapter.

2. It is unlawful for any person to
engage in, or attempt to engage in, the practice of cosmetology or any branch
thereof, whether for compensation or otherwise, unless he is licensed under the
provisions of this chapter.

3. This chapter does not prohibit:

(a) Any student in any school of cosmetology,
legally established under the provisions of this chapter, from engaging, in the
school and as a student, in work connected with any branch of any combination
of branches of cosmetology in the school.

(b) An electrologists apprentice from
participating in a course of practical training and study.

(c) A person issued a
provisional license as an instructor pursuant to section 1 of this act from
acting as an instructor and accepting compensation therefor, while accumulating
the hours of training as a teacher required for an instructors license.

Sec. 5. NRS 644.395 is
hereby amended to read as follows:

644.395 Each school of cosmetology shall
maintain a staff of at least two licensed instructors and one additional
licensed instructor for each 25 enrolled students, or major portion thereof,
over 50 students. A school of cosmetology must have at least two licensed
instructors present and teaching at any time while the school is open. Persons instructing pursuant to provisional licenses issued
under section 1 of this act are not considered instructors for the purposes of
this section.

Sec. 6. 1. As
soon as practicable after July 1, 1989, the governor shall appoint to the state
board of cosmetology:

(a) Two members to terms that expire on July 1,
1992; and

(b) One member to a term that expires on July 1,
1993.

2. One of the members of the board
appointed pursuant to paragraph (a) of subsection 1 must be the member
representing customers of cosmetology.

3. The governor shall not appoint persons
engaged in branches of cosmetology already represented on the board if the
appointment would render the composition of the board to be in violation of the
requirements of subsection 2 of NRS 644.030.

4. The amendatory provisions of this act
do not affect an existing member of the board until the expiration of his
present term.

Sec. 7. This act becomes
effective on July 1, 1989.

________

CHAPTER 607, AB 255

Assembly Bill No.
255Committee on Ways and Means

CHAPTER 607

AN ACT making an appropriation to the
department of prisons for the payment of expenses related to the improvement
and acquisition of facilities and equipment; and providing other matters
properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the department of prisons the sum
of $2,850,105 for the payment of expenses related to the improvement and
acquisition of facilities and equipment as follows:

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

AN ACT relating to state financial
administration; authorizing expenditures by various officers, departments,
boards, agencies, commissions and institutions of the state government for the
fiscal years commencing July 1, 1989, and ending June 30, 1990, and beginning
July 1, 1990, and ending June 30, 1991; authorizing the assessment of certain
boards for certain costs of the budget division of the department of
administration; authorizing the collection of certain amounts from the counties
for the use of the services of the public defender; and providing other matters
properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Expenditure of
the following sums not appropriated from the state general fund or the state
highway fund is hereby authorized during the fiscal years beginning July 1,
1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30,
1991, by the various officers, departments, boards, agencies, commissions and
institutions of the state government mentioned in this act:

Sec. 2. 1. Expenditure
of $16,044,837 by the state gaming control board from the state general fund
pursuant to the provisions of NRS 463.330 is hereby authorized during the
fiscal year beginning July 1, 1989, and ending June 30, 1990.

2. Expenditure of $16,260,861 by the
state gaming board from the state general fund pursuant to the provisions of
NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1990,
and ending June 30, 1991.

Sec. 3. The money authorized
to be expended by the provisions of sections 1 and 2 of this act, except the
legislative fund and judicial agencies, must be expended in accordance with the
allotment transfer, work-program and budget provisions of NRS 353.150 to
353.245, inclusive, and transfers to and from salary allotments, travel
allotments, operating expense allotments, equipment allotments and other
allotments must be allowed and made in accordance with the provisions of NRS
353.215 to 353.225, inclusive, and after separate consideration of the merits
of each request.

Sec. 4. 1. Except
as provided in subsection 2 and limited by section 5, and in accordance with
the provisions of NRS 353.220, the chief of the budget division of the
department of administration may, with the approval of the governor, authorize
the augmentation of the amounts authorized in sections 1 and 2 of this act for
expenditure by a given officer, department, board, agency, commission and
institution from any other state agency, from any agency of local government or
of the Federal Government, of from any other source which he determines is in excess
of the amount so taken into consideration by this act. The chief of the budget
division of the department of administration shall reduce any authorization
whenever he determines that money to be received will be less than the amount
so authorized in sections 1 and 2 of this act.

2. The director of the legislative
counsel bureau may, with the approval of the legislative commission, authorize
the augmentation of the amount authorized in section 1 of this act to the
legislative fund for expenditure by the legislative counsel bureau from any
source which he determines is in excess of the amount so taken into
consideration by this act. The director of the legislative counsel bureau shall
reduce the authorization whenever he determines that money to be received will
be less than the amount so authorized in section 1 of this act.

Sec. 5. Except as otherwise
provided in section 6, where the operation of an office, department, board,
agency, commission, institution or program is financed by an appropriation or
appropriations from the state general fund as well as by money received from
other sources, the portion provided by appropriation from the state general
fund must be decreased to the extent that the receipts of the money from other
sources is exceeded, but such a decrease must not jeopardize the receipts of
such money as is to be received from other sources.

Sec. 6. The University of
Nevada System may expend with the approval of the interim finance committee,
any additional fees collected from the registration of students, resident or
nonresident, in addition to the following amounts for the respective fiscal
years:

School of
medical sciences..................................... 1,139,214............................................. 1,139,214

Sec. 7. Whenever claims
which are payable and properly approved exceed the amount of cash in the
wildlife account in the state general fund, the state controller may, with the
approval of the chief of the budget division of the department of
administration, transfer temporarily from the state general fund to the
wildlife account such an amount as may be required to pay the claims, but not
to exceed the amount receivable from the Federal Government and estimated
revenue from license fees receivable in the same fiscal year as authorized in
section 1 of this act.

Sec. 8. The sums authorized
for expenditure in section 1 for university special projects are authorized to
be expended from the University of Nevada System Endowment Fund.

Sec. 9. 1. The
chief of the budget division of the department of administration shall assess
each professional or licensing board at the beginning of each fiscal year for
its proportional share of the total salary and operating costs of an employee
of the budget division who is responsible for monitoring compliance by such
boards with the allotment, transfer, work program, and budget provisions of NRS
353.150 to 353.245, inclusive. Each boards share of the total costs must be
equal to the percentage which the budget of each board represents of the total
of all budgets of professional and vocational boards as approved by the
legislature.

2. The assessments must be paid by
September 1 of each year.

Sec. 10. The director of the
department of administration shall annually prepare a statewide cost allocation
plan distributing service agency indirect costs among the various agencies in
accordance with the principles and procedures established by federal
regulations and guidelines.

Sec. 11. With the approval
of the interim finance committee, the division of state parks of the state
department of conservation and natural resources may use any park user fees collected
within a calendar year, that are in excess of the amounts authorized from that
revenue source in the divisions budget, for the fiscal year beginning in that
calendar year for maintenance projects in state parks, recreational areas and
historic monuments.

Sec. 12. Except as otherwise
provided in subsection 2, the state public defender shall collect not more than
the following amounts from the counties for the use of his services:

2. If any county chooses to contribute an
additional amount, the state public defender may, with the approval of the
interim finance committee, accept it and apply it to augment his services.

Sec. 13. This act becomes
effective on July 1, 1989.

________

CHAPTER 609, SB 552

Senate Bill No.
552Committee on Finance

CHAPTER 609

AN ACT relating to public employees;
making appropriations from the state general fund and the state highway fund to
the state board of examiners for increases in the salaries of certain employees
of the State of Nevada; increasing the salaries of certain employees; and
providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. Except
as otherwise provided in this act, to effect increases in salaries of
approximately 5 percent, there is hereby appropriated from the state general
fund to the state board of examiners for the fiscal periods beginning July 1,
1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30,
1991, the sums of $7,047,465 and $7,236,185, respectively, for the purpose of
meeting any deficiencies which may be created between the appropriated money of
the respective departments, commissions and agencies of the State of Nevada, as
fixed by the 65th session of the legislature and the requirements for salaries
of the classified personnel of those departments, commissions and agencies
necessary under an adjusted pay plan, except those
employees whose salaries have been retained, to become effective on July 1,
1989.

pay plan, except those employees whose salaries have been
retained, to become effective on July 1, 1989.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the various departments, commissions and agencies of
the State of Nevada, out of the money appropriated by this section such sums of
money as may from time to time be required, which when added to the money
otherwise appropriated or available equals the amount of money required to pay
the salaries of the classified employees of the respective departments,
commissions and agencies under the adjusted pay plan.

Sec. 2. 1. To
effect increase in salaries of approximately 5 percent, there is hereby
appropriated from the state highway fund to the state board of examiners for
the fiscal periods beginning July 1, 1989, and ending June 30, 1990, and
beginning July 1, 1990, and ending June 30, 1991, the sums of $931,300 and
$1,000,825, respectively, for the purpose of meeting any deficiencies which may
exist between the appropriated money of the department of motor vehicles and
public safety, the public service commission of Nevada and the attorney
generals office as fixed by the 65th session of the legislature and the
requirements for salaries of classified personnel of the department of motor
vehicles and public safety, the public service commission of Nevada and the
attorney generals office necessary under an adjusted pay plan, except those
employees whose salaries have been retained, to become effective July 1, 1989.

2. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the department of motor vehicles and public safety,
the public service commission of Nevada and the attorney generals office out
of the money appropriated by this section such sums of money as may from time
to time be required, which when added to the money otherwise appropriated or
available equals the amount of money required to meet and pay the salaries of
the classified employees of the department of motor vehicles and public safety,
the public service commission of Nevada and the attorney generals office under
the adjusted pay plan.

Sec. 3. 1. To
effect increases in salaries of approximately 5 percent, there is hereby
appropriated from the state general fund to the state board of examiners for
the fiscal periods beginning July 1, 1989, and ending June 30, 1990, and
beginning July 1, 1990 and ending June 30, 1991, the sums of $1,642,680 and
$1,712,665, respectively, for the purpose of meeting any deficiencies which may
be created between the appropriated money of the University of Nevada System as
fixed by the 65th session of the legislature and the requirements for salaries
of the classified personnel of the University of Nevada System necessary under
the adjusted pay plan, except those employees whose salaries have been
retained, to become effective July 1, 1989.

2. There is hereby appropriated from the
state general fund to the University of Nevada System for the fiscal years
beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990
and ending June 30, 1991, the sums of $4,697,434 and $5,001,885, respectively,
for the purpose of increasing the salaries of the professional employees of the
University of Nevada System, except those employees whose
salaries have been retained, to become effective July 1, 1989.

System, except those employees whose salaries have been
retained, to become effective July 1, 1989.

3. The state board of examiners, upon the
recommendation of the director of the department of administration, may
allocate and disburse to the University of Nevada System out of the money
appropriated by subsection 1 such sums of money as may from time to time be
required, which when added to the money otherwise appropriated or available
equals the amount of money required to pay the salaries of the classified
employees of the University of Nevada System under the adjusted pay plan.

Sec. 4. The money
appropriated for fiscal years 1989-90 and 1990-91, in sections 1, 2 and 3 of
this act is available for both fiscal years 1989-90 and 1990-91, and may be
transferred from one fiscal year to the other with the approval of the governor
upon the recommendation of the chief of the budget division of the department
of administration. Any balance of that money must not be committed for
expenditure after June 30, 1991, and reverts to the fund from which it was
appropriated as soon as all payments of money committed have been made.

Sec. 5. 1. To
effect increases in salaries of approximately 5 percent, there is hereby
appropriated from the state general fund to the legislative fund for the fiscal
years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1,
1990, and ending June 30, 1991, the sums of $286,954 and $289,304,
respectively, for the purpose of meeting any deficiencies which may be created
between the appropriated money as fixed by the 65th session of the legislature
and the requirements for salaries of the employees of the legislative counsel
bureau and of interim legislative operations, except those employees whose
salaries have been retained, to become effective July 1, 1989.

2. The money appropriated for fiscal
years 1989-90 and 1990-91, in this section is available for both fiscal years
1989-90 and 1990-91, and may be transferred from one fiscal year to the other.
Any balance of the money appropriated in this section must be carried forward
for use in the next legislative session and does not revert to the state
general fund.

Sec. 6. On or before May 31,
1990, the state board of examiners shall project the unappropriated balance of
the state general fund, including any amount designated as reserved for
stabilizing the budget, and the state distributive school account in the state
general fund, as of June 30, 1990, using all relevant information known to it.
The results of the projections of the state general fund and the state
distributive school account must be combined to form a single projection.

Sec. 7. 1. Based
on the projection required by section 6 of this act, the following amounts are
hereby contingently appropriated from the respective funds to provide increases
in salaries and any additional cost of retirement contributions for the
respective groups of employees, for the fiscal year 1990-91:

(a) If the projected balance is at least
$68,000,000 but less than $77,000,000:

Classified employees of the state.................................................. $3,199,154

Unclassified employees of the state............................................. 441,084

Classified and
professional employees of the University of Nevada 2,857,968

(II) From the state highway fund to the
state board of examiners for positions in the department of motor vehicles and
public safety, public service commission of Nevada and attorney generals
office which are supported from that fund:

(III) From
the state general fund to the legislative fund for employees of the legislative
counsel bureau and interim legislative operations .............. $121,506

(2) From the
state general fund to the state distributive school account in the state
general fund......................................................................................... $11,784,072

This additional appropriation, if any, must be apportioned
in the same proportions per pupil as established by the department of education
for the various county school districts for fiscal year 1990-91.

(b) If the projected balance is at least
$77,000,000 but less than $87,000,000:

(1) To effect increases in salaries of
approximately 3 percent:

(I) From the state general fund to the
state board of examiners for:

Classified employees of the state.................................................. $4,798,731

Unclassified employees of the state............................................. 661,626

Classified and
professional employees of the University of Nevada System 4,286,952

(II) From the state highway fund to the
state board of examiners for positions in the department of motor vehicles and
public safety, public service commission of Nevada and attorney generals
office which are supported from that fund:

(III) From
the state general fund to the legislative counsel bureau for employees of the
legislative counsel bureau and interim legislative operations $182,259

(2) From the
state general fund to the state distributive school account in the state
general fund......................................................................................... $17,676,108

This additional appropriation, if any, must be apportioned
in the same proportions per pupil as established by the department of education
for the various county school districts for fiscal year 1990-91.

(c) If the projected balance is $87,000,000 but
less than $96,000,000:

(1) To effect increases in salaries of
approximately 4 percent:

(I) From the state general fund to the
state board of examiners for:

Classified employees of the state.................................................. $6,398,308

Unclassified employees of the state............................................. 882,164

Classified and
professional employees of the University of Nevada System 5,715,936

(II) From the state highway fund to the
state board of examiners for positions in the department of motor vehicles and
public safety, public service commission of Nevada and attorney generals
office which are supported from that fund:

(III) From
the state general fund to the legislative counsel bureau for employees of the
legislative counsel bureau and interim legislative operations $243,012

(2) From the
state general fund to the state distributive school account in the state
general fund......................................................................................... $23,568,144

This additional appropriation, if any, must be apportioned
in the same proportions per pupil as established by the department of education
for the various county school districts for fiscal year 1990-91.

(d) If the projected balance is at least
$96,000,000:

(1) To effect increases in salaries of
approximately 5 percent:

(I) From the state general fund to the
state board of examiners for:

Classified employees of the state.................................................. $7,997,885

Unclassified employees of the state............................................. 1,102,710

Classified and
professional employees of the University of Nevada System 7,144,920

(II) From the state highway fund to the
state board of examiners for positions in the department of motor vehicles and
public safety, public service commission of Nevada and attorney generals
office which are supported from that fund:

(III) From
the state general fund to the legislative counsel bureau for employees of the
legislative counsel bureau and interim legislative operations $303,765

(2) From the
state general fund to the state distributive school account in the state
general fund......................................................................................... $29,460,180
This additional appropriation, if any, must be apportioned
in the same proportions per pupil as established by the department of education
for the various county school districts for fiscal year 1990-91.

This additional appropriation, if any, must be apportioned
in the same proportions per pupil as established by the department of education
for the various county school districts for fiscal year 1990-91.

2. The state board of examiners shall
allocate the appropriations made to it, if any, among the respective
departments, commissions and agencies of the state, including the judicial
branch of government, in such proportion as to enable each to pay to its
classified, professional and unclassified employees, except any whose salaries
have been retained, the percentage of increase, if any, in their respective
salaries specified in this section.

3. If the total appropriations are not
sufficient to provide the specified increase, the appropriations must be
prorated and the increases in salaries reduced proportionately.

4. Any balance of the contingent
appropriations made by this section must not be committed for expenditure after
June 30, 1991, and reverts to the fund from which it was appropriated as soon
as all payments of money committed have been made, except that any balance of
the money appropriated to the legislative fund must be carried forward for use
in the next legislative session and does not revert to the state general fund.

Sec. 8. 1. Employees
filling the following positions in the classified service may receive annual
salaries not to exceed the following specified amounts, effective July 1, 1989:

As used in this section a senior psychiatrist (Range B) is a
psychiatrist eligible for certification by the American Board of Psychiatry. A
senior psychiatrist (Range C) is a psychiatrist certified by the American Board
of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so
certified or eligible.

2. The employees filling the positions
listed in subsection 1, except those whose salaries have been retained, may
receive an adjustment of salary effective July 1, 1990, if the projected
unappropriated balance in the state general fund, including any amount
designated as reserved for stabilizing the budget, and the state distributive
school account in the state general fund projected by the state board of
examiners results in:

(a) A projected balance of at least $68,000,000
but less than $77,000,000, 2 percent.

(b) A projected balance of at least $77,000,000
but less than $87,000,000, 3 percent.

(c) A projected balance of at least $87,000,000
but less than $96,000,000, 4 percent.

(d) A projected balance of at least $96,000,000,
5 percent.

Sec. 9. The state board of
examiners shall allocate from the amounts appropriated by section 1 of this act
to the Tahoe Regional Planning Agency to provide for Nevadas share of a salary
increase of the same percentage granted to classified employees of the State of
Nevada or the percentage of salary increase, if any, authorized by the State of
California, whichever is less, the sum of no more than $23,418 for the fiscal
year 1989-90 and the sum of no more than $25,057 for the fiscal year 1990-91.

Sec. 10. 1. To
effect a one-grade salary increase on the classified employee compensation plan
for certain nursing personnel, there is hereby appropriated from the state
general fund to the state board of examiners for the fiscal years 1989-90 and
1990-91, the sums of $285,462 and $301,707, respectively, for the purpose of
meeting any deficiencies which may be created between the appropriated money of
the respective departments, commissions and agencies of the State of Nevada and
the requirements for salaries of certain classified nursing personnel.

2. The department of personnel shall
designate those nursing positions eligible for the one-grade increase pursuant
to this section.

Sec. 11. The department of
personnel shall increase the level of compensation of all uniformed highway
patrol positions by one grade on the classified employee compensation schedule
effective July 1, 1989.

Sec. 12. This act becomes
effective on July 1, 1989.

________

κ1989
Statutes of Nevada, Page 1342κ

CHAPTER 610, SB 553

Senate Bill No.
553Committee on Finance

CHAPTER 610

AN ACT relating to public schools; apportioning
the state distributive school account in the state general fund for the
biennium 1989-91; making an appropriation; authorizing certain expenditures;
and providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The basic support
guarantee per pupil for the respective school districts of the state for the
fiscal year 1989-90 is:

Sec. 2. 1. The
basic support guarantee for school districts for operating purposes for the
fiscal year 1990-91 is an aggregate weighted average of $2,962 per pupil.

2. The department of taxation on or
before April 1, 1990, shall provide a certified estimate of the assessed
valuation for each school district for the fiscal year 1990-91. The assessed
valuation for each school district must be that which is taxable for purposes
of providing revenue to school districts, including any assessed valuation
attributable to the net proceeds of minerals derived from within the boundaries
of the district.

3. For purposes of establishing the basic
support guarantee, the estimated basic support guarantees for each school
district for the fiscal year 1990-91 for operating purposes are:

4. The ad valorem adjustment may be made
only to take account of the difference in the assessed valuation of the school
district between the amount estimated as of April 1, 1989, and the amount
estimated as of April 1, 1990, for the fiscal year 1990-91.

5. Upon receipt of the certified
estimates of assessed valuations as of April 1, 1990, from the department of
taxation, the department of education must recalculate the amount of ad valorem
adjustment and the basic support guarantee for operating purposes for fiscal
year 1990-91 by April 25, 1990. The basic support guarantee for each school
district for the fiscal year 1990-91 is the amount which is recalculated for
the fiscal year 1990-91 pursuant to this section, except that the basic support
guarantee recalculated pursuant to this section must not be less than $100 per
pupil.

Sec. 3. 1. The
basic support guarantee for each special education program unit which is
maintained and operated for at least 9 months of a school year is $25,200 for
each of the fiscal years 1989-90 and 1990-91, except as limited by subsection
2.

2. The maximum number of units and amount
of basic support for special education program units within each of the school
districts, before any reallocation pursuant to NRS 387.1221, for the fiscal
years 1989-90 and 1990-91 are:

3. The state board of education shall
reserve 25 special education program units for the fiscal year 1989-90 and 80
special education units for the fiscal year 1990-91, to be allocated to school
districts by the state board of education to meet additional needs that cannot
be met by the allocations provided in subsection 2 for that fiscal year. Of the
80 special education units for the fiscal year 1990-91, 55 must be designated
to serve handicapped 3- and 4-year old children pursuant to subsection 1 of NRS
388.490. These needs must be evaluated by the department of education.

Sec. 4. 1. There
is hereby appropriated from the state general fund to the state distributive
school account in the state general fund created pursuant to NRS 387.030:

For the fiscal year 1989-90................................................................ $276,644,956

For the fiscal year 1990-91................................................................ $291,084,146

2. The money appropriated by subsection 1
must be:

(a) Expended in accordance with NRS 353.150 to
353.245, inclusive, concerning the allotment, transfer, work program and
budget; and

(b) Work-programmed for the 2 separate fiscal
years, 1989-90 and 1990-91, as required by NRS 353.215. Work programs may be
revised with the approval of the governor upon the recommendation of the chief
of the budget division of the department of administration.

3. Transfers to and from allotments must
be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after
separate consideration of the merits of each request.

4. The sums appropriated by subsection 1
are available for either fiscal year. Money may be transferred from one fiscal
year to the other with the approval of the governor upon the recommendation of
the chief of the budget division of the department of administration.

5. Any remaining balance of the
appropriation made by subsection 1 for the fiscal year 1989-90 must be
transferred and added to the money appropriated for the fiscal year 1990-91 and
may be expended as that money is expended.

6. Any remaining balance of the
appropriation made by subsection 1 for the fiscal year 1990-91, including any
money added thereto pursuant to the provisions of subsection 5, must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 5. 1. Expenditure
of $49,101,640 by the department of education from money in the state
distributive school account which was not appropriated from the state general
fund is hereby authorized during the fiscal year beginning July 1, 1989.

2. Expenditure of $52,429,458 by the
department of education from money in the state distributive school account
which was not appropriated from the state general fund is hereby authorized
during the fiscal year beginning July 1, 1990.

3. For purposes of accounting and
reporting, the sums authorized for expenditure in subsections 1 and 2 are
considered to be expended before any appropriation is made to the state
distributive school account from the state general fund.

4. The money authorized to be expended by
subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245,
inclusive, concerning the allotment, transfer, work program and budget.
Transfers to an from allotments must be allowed and made in accordance with NRS
353.215 to 353.225, inclusive, after separate consideration of the merits of
each request.

5. The chief of the budget division of
the department of administration may, with the approval of the governor,
authorize the augmentation of the amounts authorized for expenditure by the
department of education, in subsections 1 and 2, for the purpose of meeting
obligations of the state incurred under chapter 387 of NRS with amounts from
any other state agency, from any agency of local government, from any agency of
the Federal Government or from any other source which he determines is in
excess of the amount taken into consideration by this act. The chief of the
budget division of the department of administration shall reduce any authorization
whenever he determines that money to be received will be less than the amount
authorized in subsections 1 and 2.

Sec. 6. Of the sums
appropriated from the state general fund in section 4 of this act, up to
$600,000 in each of the fiscal years 1989-90 and 1990-91 may be used to meet
the states matching requirement under the Child Nutrition Act.

Sec. 7. During each of the
fiscal years 1989-90 and 1990-91, whenever the state controller finds that
current claims against the state distributive school account in the state
general fund exceed the amount available in the account to pay those claims, he
may advance temporarily from the state general fund to
the state distributive school account the amount required to pay the claims,
but no more than the amount expected to be received in the current fiscal year
from any source authorized for the state distributive school account.

general fund to the state distributive school account the
amount required to pay the claims, but no more than the amount expected to be
received in the current fiscal year from any source authorized for the state
distributive school account. No amount may be transferred unless requested by
the chief of the budget division of the department of administration.

Sec. 8. The department of
education is hereby authorized to spend from the state distributive school
account the sum of $2,098,730 for the fiscal year 1989-90 and the sum of
$2,244,733 for the fiscal year 1990-91 for the support of educating pupils who
are incarcerated in a facility or institution operated by the department of
prisons, other than an honor camp.

Sec. 9. This act becomes effective
on July 1, 1989.

________

CHAPTER 611, AB 959

Assembly Bill No.
959Committee on Ways and Means

CHAPTER 611

AN ACT making appropriations from the
state general fund and the state highway fund for the support of the civil
government of the State of Nevada for the fiscal years beginning July 1, 1989,
and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991;
and providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The following
sums are hereby appropriated from the state general fund for the purposes
expressed in sections 2 to 49, inclusive, of this act and for the support of
the government of the State of Nevada for the fiscal years beginning July 1,
1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30,
1991.

1989-901990-91

Sec. 2. The
Office and Mansion of the Governor.

For the support
of the office of the governor ................................................. $1,101,209................................................. $1,051,916

For the support
of the governors mansion ................................................. 133,726 159,706

For the support
of the office of the extradition coordinator ................................................. 433,479 449,372

For the support
of general fund agencies out-of-state travel....................................... 47,500................................................. 47,500

Sec. 3. The
Office of Lieutenant Governor.

For the support
of the office of lieutenant governor ................................................. -0- $84,776

For the support
of the employee-management relations board...................................... $105,908................................................. $100,539

Sec. 16. Legislative
Fund.

For the support
of the legislative commission ................................................. $371,309 $334,404

For the support
of the audit division of the legislative counsel bureau..................... 1,451,088................................................. 1,456,721

For the support
of the administrative division of the legislative counsel bureau.. 2,012,708................................................. 1,947,379

For the support
of the legal division of the legislative counsel bureau..................... 1,424,711................................................. 1,755,687

For the support
of the research division of the legislative counsel bureau..................... 847,338................................................. 794,644

For the support
of the fiscal analysis division of the legislative counsel bureau.. 848,887................................................. 829,016

For the support
of interim legislative operations ................................................. 150,744 139,099

Sec. 17. Supreme
Court of Nevada.

For the support
of the supreme court of Nevada ................................................. $1,744,177................................................. $1,782,965

For the support
of the state board of pardons commissioners...................... 24,812................................................. 12,446

For the support
of the law library................ 431,305................................................. 436,182

For the support
of the commission on judicial selection ................................................. 5,500 5,500

For the support
of the retired justices duty fund ................................................. 30,000 30,000

Sec. 18. Commission
on Judicial Discipline.

For the support
of the commission on judicial discipline ................................................. $32,442 $33,360

Sec. 19. District
Judges Travel.

For the support
of district judges travel... $17,000................................................. $17,000

Sec. 20. District
Judges Salaries and Judicial Pensions.

For the support
of district judges salaries, board of law library trustees, and pensions of
justices, judges and widows.............. $3,165,505................................................. $3,422,239

For the
administrative support of Nevadas membership in the western interstate
commission for higher education............................... $163,585................................................. $159,067

For the support
of the western interstate commission for higher education loan fund. 446,402................................................. 457,266

Sec. 27. Department
of Museums and History.

For the support
of the office of the director ................................................. $97,019 $98,147

For the support
of the Nevada historical society ................................................. 387,339 398,808

For the support
of the Nevada state museum, Carson City ................................................. 696,220 711,495

For the support
of the Nevada museum, Las Vegas ................................................. 477,532 481,532

For the support
of the Lost City museum.. 161,317................................................. 166,049

For the support
of the Nevada railroad museum ................................................. 280,180 273,217

Sec. 28. Nevada
Council on the Arts.

For the support
of the Nevada council on the arts ................................................. $294,786 $301,308

Sec. 29. State
Library and Archives.

For the support
of the state library and archives ................................................. $1,426,790................................................. $1,466,588

Sec. 49. The following sums
are hereby appropriated from the state highway fund for the purposes expressed
in this section for the fiscal years beginning July 1, 1989, and ending June
30, 1990, and beginning July 1, 1990, and ending June 30, 1991.

Sec. 50. The following sums
are hereby appropriated from the wildlife account in the state general fund for
the purpose expressed in this section for the fiscal years beginning July 1,
1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30,
1991.

For the support
of the state predatory animal and rodent committee............................... $20,000................................................. $20,000

Sec. 51. 1. Except
as otherwise provided in subsection 5, the sums appropriated in this act must
be:

(a) Expended in accordance with the allotment,
transfer, work program and budget provisions of NRS 353.150 to 353.245,
inclusive; and

(b) Work programmed for the two separate fiscal
years, 1989-90 and 1990-91, as required by NRS 353.215. Work programs may be
revised with the approval of the governor upon the recommendation of the chief
of the budget division of the department of administration and in accordance
with the provisions of the state budget act.

2. Transfers to and from salary
allotments, travel allotments, operating expense allotments, equipment
allotments and other allotments must be allowed and made in accordance with the
provisions of NRS 353.215 to 353.225, inclusive, and after separate
consideration of the merits of each request.

3. Except as otherwise provided in
subsection 4, transfers to or from the following functional areas of each
budget within the University of Nevada System which result in a cumulative
impact of $25,000 or more must receive the prior approval of the governor of
his designee and the interim finance committee:

(a) Instruction.

(b) Research.

(c) Public service.

(d) Academic support.

(e) Student services.

(f) Institutional support.

(g) Operation and maintenance of plant.

(h) Scholarships.

4. The requirements of subsection 3 do
not apply to:

(a) Money appropriated for salary increases to
professional and classified personnel if the money is allocated to each
functional area in proportion to the amounts allocated to those areas in the
legislatively approved budget for the fiscal years 1989-90 and 1990-91.

(b) Merit funds distributed by the board of regents
to individual budgets within the University of Nevada System.

(c) Amounts allocated to functional areas by the
board of regents based upon professional and classified salary savings included
in the legislatively approved budget for the fiscal years 1989-90 and 1990-91.

5. Pursuant to law, sums appropriated for
the support of the supreme court of Nevada and the legislative fund are
excluded from the allotment, transfer, work program and
budget provisions of NRS 353.150 to 353.245, inclusive.

transfer, work program and budget provisions of NRS 353.150
to 353.245, inclusive.

Sec. 52. The sums
appropriated to:

1. Senior citizens property tax
assistance;

2. Care of handicapped children;

3. Forest fire suppression;

4. National guard benefits;

5. Tuberculosis control;

6. Crippled childrens services;

7. Child welfare services;

8. Food stamps;

9. Aid to dependent children;

10. Assistance to aged and blind;

11. Welfare medical care service;

12. Employment and training program;

13. Attorney generals special litigation
account; and

14. Buildings and grounds roof repair,

are available for both fiscal years 1989-90 and 1990-91, and
may be transferred from one fiscal year to the other with the approval of the
interim finance committee upon the recommendation of the governor.

Sec. 53. The sums
appropriated to the legislative fund by section 16 of this act for the support
of the legislative commission, the various divisions of the legislative counsel
bureau and legislative interim operations are available for both fiscal years
1989-90 and 1990-91, and may be transferred among the legislative commission,
the various divisions of the legislative counsel bureau and the legislative
interim operations and from one fiscal year to another with the approval of the
legislative commission upon the recommendation of the director of the
legislative counsel bureau.

Sec. 54. The sums
appropriated by section 2 of this act for state agencies out-of-state travel
may not be used for public officers and employees whose salaries are paid by
the appropriations made to the office of the governor, the office of the lieutenant
governor, the office of the state treasurer, the office of the secretary of
state, the office of the state controller, or any officers or employees of the
judicial or legislative departments. Allocations may be made only to support
the out-of-state travel of employees whose salaries are wholly or partially
supported by the state general fund.

Sec. 55. The total amounts
appropriated in section 30 of this act to each of the accounts of the welfare
division enumerated in section 52 of this act, except for the amounts
appropriated for the assistance to the aged and blind programs, are limits, and
the division shall not request additional money for these programs.

Sec. 56. The sums
appropriated to the welfare division by section 30 of this act may be transferred
among the various budget accounts of the welfare division with the approval of
the interim finance committee upon the recommendation of the governor.

Sec. 57. The sums
appropriated to the department of prisons by section 32 of this act may be transferred
among the various budget accounts of the department of prisons with the
approval of the interim finance committee upon the recommendation of the
governor.

Sec. 58. The sums
appropriated to any division, agency, or section of any department of state
government for the support of salaries and payroll costs may be transferred to
any other division, bureau, agency or section of the same department for the
support of salaries and payroll costs with the approval of the interim finance
committee upon the recommendation of the governor. The amount transferred into
a budget account is limited to the amount budgeted for vacancy savings, and
such transfers are also limited only to those activities which are supported by
general fund or highway fund appropriations.

Sec. 59. In addition to the
requirements of NRS 353.225, for the fiscal years 1989-90 and 1990-91, the board
of regents of the University of Nevada shall comply with any request by the
governor to set aside from the appropriations made by this act in any specified
amount.

Sec. 60. There is hereby
appropriated $11,621 to the public employees retirement board to be expended
for the administration of the legislators retirement system for the period
July 1, 1989, through June 30, 1991.

Sec. 61. 1. Unencumbered
balances of the appropriations made in this act for the fiscal years 1989-90
and 1990-91 must not be committed for expenditure after June 30 of each fiscal
year. Except as otherwise provided in subsection 2, unencumbered balances of
these appropriations revert to the fund from which appropriated.

2. Any encumbered balance of the
appropriations made to the legislative fund by section 16 of this act do not
revert to the state general fund but constitute a balance carried forward.

Sec. 62. If any claims which
are payable and properly approved exceed the amount available in the department
of prisons warehouse account, the state controller may temporarily transfer,
upon the recommendation of the chief of the budget division of the department
of administration, from the appropriations made in section 32 of this act for
the Nevada state prison, northern Nevada correctional center, Nevada womens
correctional center and Stewart conservation camp such amount as may be
required to pay the claims but not exceeding a total of $400,000.

Sec. 63. The state
controller shall provide for the payment of claims legally obligated in each
fiscal year on behalf of state agencies until the last Friday of the August
immediately following the end of each fiscal year.

Sec. 64. There is hereby
appropriated the sum of $79,688 from the state general fund to the Supreme
Court for salaries, travel and operating expenses. This appropriation is
supplemental to that made by section 18 of chapter 747, Statutes of Nevada
1987.

Sec. 65. There is hereby
appropriated the sum of $10,000 from the state general fund to the Nevada state
museum, Carson City, for salaries, travel and operating expenses. This
appropriation is supplemental to that made by section 28 of chapter 747,
Statutes of Nevada 1987.

Sec. 66. There is hereby
appropriated the sum of $4,000 from the state general fund to the Lost City
Museum, for salaries, travel and operating expenses. This appropriation is
supplemental to that made by section 28 of chapter 747, Statutes of Nevada
1987.

Sec. 67. For accounting
purposes, the state controller, shall, when reporting for each fiscal year, the
financial position of the state general fund, designate
up to $40,000,000, if available, of the unreserved fund balance as designated
for stabilizing the budget.

designate up to $40,000,000, if available, of the unreserved
fund balance as designated for stabilizing the budget.

Sec. 68. Of the sum
appropriated to the University of Nevada, Reno, by section 25 of this act,
$30,700 may be transferred to the Intercollegiate Athletics, University of
Nevada, Reno, budget in fiscal years 1989-90 and 1990-91 upon approval of the
board of regents

Sec. 69. The state
controller shall transfer among the appropriate accounts and funds the amounts
necessary to carry out the budget approved by the legislature, and the amounts
so transferred shall be deemed appropriated.

Sec. 70. The sums
appropriated to the University of Nevada System in section 25 of this act
include funding to provide merit salary increases to professional employees.
The current system utilized to grant merit salary increases to professional
employees of the university system terminates on June 30, 1991. The 66th
session of the Nevada legislature shall review recommendations concerning
different methods of compensating university professional employees for salary
increases other than those designated to offset increases in the cost of
living.

Sec. 71. The state board of
health shall increase vital statistics fees to a level sufficient to meet the
revenues projected in the budget approved by the legislature.

Sec. 72. This section and
sections 64 to 67, inclusive, of this act become effective on June 30, 1989.
The remaining sections become effective on July 1, 1989.

________

CHAPTER 612, AB 960

Assembly Bill No.
960Committee on Ways and Means

CHAPTER 612

AN ACT relating to employees in the
unclassified service of the state; establishing maximum allowed salaries; and
providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The following
state officers and employees in the unclassified service of the State of Nevada
are entitled to receive annual salaries of not more than the approximate
maximum amounts set forth following their specified titles or positions.

AN ACT relating to projects of capital
improvement; making appropriations from the state general fund and the state
highway fund; providing for the issuance of general obligation bonds of the
state; authorizing certain expenditures by the state public works board;
providing schedules of repayment for certain state agencies; levying a property
tax to support the consolidated bond interest and redemption fund; and
providing other matters properly relating thereto.

[Approved June 30, 1989]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the state public works board, the
sum of $43,053,582 to support the board in carrying out the program of capital
improvements summarized in this section. This amount is allocated to projects
numbered and described in the executive budget for the fiscal years 1989-1990
and 1990-1991 or otherwise described as follows: